.1 

>  ‘ 


I- 


CITY  CHARTER 


AND 


ORDINANCES 


OF  THE 


CITY  OF  BERLIN 


1915  -  1916 


BERLIN,  NEW  HAMPSHIRE 
Published  January  1,  1916 


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CITY  CHARTER 

» 

-  AND  - 

ORDINANCES 

OF  THE 

CITY  OF  BERLIN 


1915  -  1916 


BERLIN.  NEW  HAMPSHIRE 
Published  January  1,  1916 


BARNEY-REPORTER  PRESS 


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City  Charter  and  Ordinances 


OF  THE 


CITY  OF  BERLIN,  N.  H. 


1915-1916 


<tJHAETEB  CITY  OF  BERLIN 


as  amended  by  Laws 
1903,  Chapter  225; 
Laws  1905,  Chapter 
160;  Laws  190  7, 
Chapter  280;  Laws 


1909  ,  Chapter  320; 


Laws  1911,  Chapter 
327;  Laws  1913, 
Chapter  300;  Laws 
1915,  Chapter  312. 


3 


In  the  year  of  our  Lord  one  thousand  eight  hundred  and 
ninety-seven. 

An  Act  to  Establish  the  City  of  Berlin; 


Be  it  enacted  by  the  Senate  and  House  of  Repre¬ 
sentatives  in  General  Court  convened. 


1! 


4  CITY  OF  BERLIN 

Section  1.  The  inhabitants  of  the  Town  of  Berlin 
in  the  County  of  Coos  shall  continue  to  be  a  body  cor¬ 
porate  and  politic  under  the  name  of  the  City  of  Berlin. 

Section  2.  Said  City  of  Berlin  is  hereby  divided  into 
four  wards,  which  shall  be  constituted  as  follows, 
namely:  Ward  One  shall  include  all  that  part  of  said 
City  of  Berlin  lying  northwesterly  of  the  Androscog¬ 
gin  river  and  southerly  and  westerly  of  the  Andros¬ 
coggin  River  and  southerly  and  westerly  of  the  follow¬ 
ing  described  line:  Beginning  at  the  point  near  the 
mouth  of  the  Bead  River,  where  the  center  line  of  the 
Androscoggin  River  is  intersected  by  the  extension  of 
the  line  between  the  property  of  the  C.  N.  Hodgdon 
heirs,  known  as  the  Hodgdon  block  and  the  property  of 
L.  J.  Cote,  said  property  being  situated  on  the  south¬ 
easterly  side  of  Main  Street,  so-called;  thence  norther¬ 
ly  on  said  property  line  to  the  southeasterly  side  line 
of  Main  Street; thence  in  a  straight  line  to  the  south¬ 
east  corner  of  land  of  Stahl  Brothers;  thence  north¬ 
westerly  along  the  line  between  said  Stahl  Brothers^ 
property  and  property  owned  by  L.  J.  Cote,  said  prop¬ 
erty  being  situated  on  the  northwesterly  side  of  Main 
Street,  to  the  northeasterly  corner  of  said  Stahl 
Brothers’  property;  thence  to  and  along  the  center 
line  of  Bead  River  to  the  range  line  between  ranges 
7  and  8;  thence  westerly  on  said  line  to  its  intersec¬ 
tion  with  the  town  line  between  said  City  of  Berlin 
and  the  township  of  Kilkenny. 

Ward  Two  shall  include  all  that  part  of  said  City  of 
Berlin  lying  northeasterly  of  the  Androscoggin  River 


I 


I 

ORDINANCES  5 

aiul  lying  between  the  above  described  line  and  the 
following  described  line:  '  Beginning  at  the  point 
where  the  center  line  of  the  Androscoggin  River  is  in¬ 
tersected  by  the  line  between  the  property  of  the 
International  Paper  Company  and  proprerty  of  the 
Burgess  Sulphite  Fibre  Company;  thence  in  a  direct 
line  to  the  southwesterly  corner  of  laud  formerly 
owned  and  occupied  by  Philip  St.  Laurent;  thence 
northerly  on  the  westerly  line  of  said  land  formerly 
owned  by  Philip  St.  Laurent  to  the  southerly  side  line 
of  School  Street,  so-called;  thence  in  a  direct  line  to  the 
intersection  of  the  northerly  side  line  of  said  School 
Street  and  the  center  line  of  Prospect  Street  so-called; 
thence  northerly  along  the  said  center  line  of  Pros¬ 
pect  Street  and  said  line  continued  to  the  check  line 
between  towm  lots  number  4  and  5;  thence  southwester¬ 
ly  on  said  check  line  to  the  center  line  of  Dead  River; 
thence  northerly  on  said  center  line  of  Dead  river  to 
the  point  w'here  it  intersects  the  range  line  between 
ranges  7  and  8;  thence  westerly  on  said  range  line 
to  the  center  line  of  the  Iqi^ation  of  the  Grand  Trunk 
Railway;  thence  northwesterly  along  said  center  line 
of  the  Grand  Trunk  Railway  to  the  range  line  between 
ranges  3  and  4;  thence  on  said  range  line  to  the  town 
line  between  said  City  of  Berlin  and  the  township 
of  Kilkenny. 

Ward  Three  shall  include  all  that  part  of  said  Berlin 
lying  on  the  northwesterly  side  of  the  Androscoggin 
River  not  embraced  in  Wards  One  and  Two  as  herein 
constituted. 


6 


CITY  OF  BEELIN 


Ward  Four  shall  include  all  that  part  of  said  Berlin 
lying  on  the  southerly  side  of  the  Androscoggin  Eiver. 

Sec.  3.  The  administration  of  all  the  fiscal, 
prudential  and  municipal  affairs  of  said  city  and  the 
government  there  of,  shall  be  vested  in  one  principal 
ofldcer  to  be  called  the  mayor,  and  one  board  consist¬ 
ing  of  twelve  members,  to  be  called  the  council,  the 
members  whereof  shall  be  called  councilmen.  The 
mayor  and  council  shall  sit  and  act  together  and  com¬ 
pose  one  body,  and  in  their  joint  capacity  be  called  the 
City  Council. 

Sec.  4.  The  Mayor  and  Council  created  by  this  act 
shall  have  all  powers,  and  do  and  perform  in  reference 
to  each  other,  or  otherwise,  all  the  duties  which  mayors, 
boards  of  aldermen  and  common  councils  of  cities  are 
by  law  authorized  or  required  to  do  or  perform,  either 
separately  or  otherwise;  and  all  provisions  of  the 
statutes  pertaining  to  the  duties  or  powers  of  aider- 
men  and  common  councils  of  cities,  separately  or  other¬ 
wise,  shall  be  construed  to%  apply  to  said  city  council 
unless  a  contrary  intention  appears. 

Sec.  5.  Said  city  shall  constitute  one  school  district, 
and  the  administration  of  all  fiscal,  prudential  and  dis¬ 
trict  affairs  of  said  district  shall  be  vasted  in  a  city 
council,  except  such  as  shall  hereinafaer  be  vested  in 
the  School  Board. 

Sec.  6.  All  property  of  said  town  of  Berlin,  or  of 
the  school  district  of  said  town,  shall  be  vested  in 


ORDINAJ^CES 


7 


said  city,  and  all  debts  of  said  town  and  said  school 
district  shall  be  considered  for  all  purposes  as  the 
debts  of  said  city. 

Sec.  7.  From  and  including  the  legislature  of  1915 
until  another  general  census  of  the  state  is  taken  and 
officially  promulgated  said  wards  may  send  represesn- 
tatives  to  the  General  Court  under  the  authority  of 
the  constitution  as  follows:  Wards  One,  Two  and 
Three  each  have  three  representatives;  and  Ward  Four, 
one  representative. 

Sec.  8.  Each  Ward  shall  at  each  state  biennial  elec¬ 
tion  choose  by  ballotra  Moderator  and  three  supervisors 
of  check  lists,  who  shall  hold  office  for  two  years  and 
until  their  successors  are  elected  and  qualified,  and  shall 
receive  for  their  services  only  such  compensation  as 
the  City  Council  may  vote. 

Said  superivisors  shall  perform  all  the  duties  re¬ 
quired  by  law  of  selectmen  of  wards  in  cities  and  super¬ 
visors  of  check  lists  in  towns,  and  for  all  purposes  re¬ 
quiring  such  officers,  shall  be  considered  selectmen  of 
said  wards. 

Sec.  9.  Said  supervisors  in  regulating  and  posting 
cheek  lists  shall  be  governed  by  the  law  applying  to 
the  supervisors  of  towns,  their  respective  wards  being 
considered  as  a  town  for  such  purposes. 

Sec.  10.  The  annual  meeting  of  each  ward  shall  be 
held  on  the  second  Tuesday  in  March  in  each  year,  at 


8 


CITY  OF  BERLIN 


sucli  place  in  said  city  as  may  be  fixed  by  said  city 
council.  The  first  meeting  of  said  wards  shall  be  called 
by  the  present  Supervisors  of  the  Town  Berlin,  at 
such  place  as  they  may  select,  arrd  said  board  of  suj)er- 
visors  shall  prepare  a  check  list  for^each .  ward  for  use 
at  such  meetings. 

Sec.  11.  Each  ward  at  its  annual  meeting  shall  elect 
a  Councilman  who  shall  serve  for  three  years,  except 
that  at  the  first  election  in  each  ward  there  shall  be 
elected  one  Councilman  to  serve  for  one  year,  one  for 
two  years  and  one  for  three  years. 

Sec.  12.  The  Mayor  of  said  city  shall  be  chosen 
annually,  and  shall  have  a  negative  upon  all  the  acts 
of  the  Council  to  which  his  veto  power  would  extend 
had  the  city  government  herein  constituted  provided 
for  a  board  of  aldermen  and  such  veto  power  shall  ex¬ 
tend  to  individual  items  of  appropriation.  He  shall 
preside  in  all  meetings  of  the  City  Council  but  shall 
have  no  veto  except  in  case  of  an  equal  division.  In 
his  absence  the  Council  may  elect  one  of  the  number 
chairman,  who  shall  have  all  powers  and  perform  all 
the  duties  of  mayor  during  his  absence  or  disability, 
or  during  the  vacancy  in  said  office  from  any  cause. 
The  Mayor  shall  receive  for  his  services  an  annual 
salary  of  seven  hundred  dollars,  payable  semi-annually, 
which  shall  be  in  full  for  all  services  of  every  kind 
rendered  by  him  in  said  office. 

See.  13.  The  Mayor  and  Council  shall  annually,  on 
the  last  Monday  of  March,  meet  for  the  purpose  of 


ORDINANCES 


9 


taking  their  respective  oaths,  and  shall  elect  a  City 
Clerk  who  shall  be  clerk  of  the  Council  and  have  a 
salary  of  six  hundred,  dollars  per  annum. 

Sec.  14.  Said  Mayor,  within  one  w’eek  of  said  an¬ 
nual  meeting  held  on  the  last  Monday  of  March,  1910, 
shall  appoint,  subject  to  confirmation  by  the  Council, 
a  board  of  three  Assessors,  to  hold  office  from  the 
first  day  of  April,  1910,  one  of  whom  shall  be  chosen 
for  three  years,  one  for  two  years,  and  one  for  one 
3"ear,  and  thereafter  annually  at  said  time,  shall  ap¬ 
point,  subject  to  the  confirmation  of  the  council  one 
Assessor  who  shall  hold  office  for  three  years,  who 
shall  receive  for  their  services  not  more  than  three 
hundred  dollars  each  per  annum,  said  Assessors  shall  in 
addition  to  their  salary,  be  allowed  the  sum  of  not 
exceeding  one  hundred  dollars  per  annum  for  clerk 
hire;  and  said  Mayor  shall  also,  within  thirty  days  of 
said  annual  meeting,  appoint,  subject  to  confirmation 
ojf  said  Council,  a  Board  of  Health  of  not  more  than 
three  persons,  one  of  whom  shall  be  chosen  for  three 
years,  one  for  two  years,  and  one  for  one  year,  and 
thereafter  annually  at  said  time  shall  appoint,  sub¬ 
ject  to  confirmation  of  the  City  Council,  one  member 
of  the  Board  of  Health,  who  shall  hold  office  for  three 
years,  a  City  Treasurer,  who  shall  serve  also  as  Treas¬ 
urer  of  the  Board  of  Education,  City  Auditor,  Collector 
of  Taxes,  City  Solicitor,  Highway  Commossioner,  Sewer 
Commissioner,  Inspector  of  Buildings  and  City  Engineer 
and  within  thirty  days  of  said  annual  meeting,  said 


10 


CITY  OF  BEELIN 


Mayor  shall  also  appoint,  subject  to  such  confirmation, 
a  Chief  Engineer  and  Assistant  Engineer  of  the  Fire 
Department,  and  may  create  such  other  governmental 
departments  and  appoint,  subject  to  confirmation  as 
hereinbefore  set  forth,  such  other  ofiicers  or  agents 
as  are  necessary  for  the  good  government  of  the  city 
not  otherwise  provided  for.  Said  Council  shall  receive 
a  fee  of  two  dollars  each  for  actual  attendance  at  all 
regular,  special  or  adjourned  meetings,  provided  how¬ 
ever,  that  the  total  sum  to  be  paid  to  each  councilmen 
for  attendance  at  all  meetings  shall  not  exceed  seventy- 

five  dollars  per  annum;  and  in  addition  thereto  an 
annual  salary  of  fifty  dollars  shall  be  paid  to  each 
member  of  the  committee  on  Public  Works  and  an  an¬ 
nual  salary  of  twenty-five  dollars  shall  be  paid  to  each 
member  of  the  committee  on  Accounts  and  Claims. 

The  term  of  such  ofiSicers  shall  be  for  one  year  and 
until  their  successors  are  elected  and  qualified,  unless 
sooner  removed  for  cause;  but  all  officers  and  agents 
shall  be  subject  to  removal  by  the  City  Council.  The 
compensation  of  officers  and  agents  whose  salaries  are 
fixed  shall  be  only  such  as  may  be  fixed  by  the  City 
Council. 

Sec.  15.  The  general  management  and  control  of 
the  public  schools  and  of  the  buildings  and  property 
pertaining  thereto,  shall  be  vested  in  a  Board  of  Edu¬ 
cation  consisting  of  three  members,  who  shall  be 
elected  by  the  City  Council  until  such  time  as  the 
•  city  may  vote  to  elect  them  at  their  annual  ward 


ORDINANCES 


11 


meetings  or  at  special  meetings  called  for  the  purpose. 
They  shall  hold  ofEce  for  three  years  and  until  their 
successors  are  elected  and  qualified,  except  the 
terms  of  those  first  elceted  shall  be  for  one,  two  and 
three  years  respectively.  They  shall  receive  such  com¬ 
pensation  as  may  be  fixed  by  the  Council  and  their 
terms  of  office  shall  begin  on  the  first  Monday  in  April 
of  each  year.  Councilmen  shall  be  inelligible  to  elec¬ 
tion  as  members  of  the  Board  of  Education. 

Sec.  16.  The  appropriations  for  schools  shall  be 
vested  in  the  City  Council  and  the  School  Board  shall 
be  accountable  to  the  City  Council  for  its  expenditures. 

Sec.  17.  The  Police  Court  of  the  Town  of  Berlin 
as  heretofore  existing  and  constituted,  is  hereby  con¬ 
stituted  and  established  as  the  Police  Court  of  the 
City  of  Berlin,  and  all  precepts,  civil  and  criminal, 
which  by  law  are  made  returnable  to,  or  which  have 
been  instituted  and  were  pending  before  the  said  Police 
Court  of  the  Town  of  Berlin,  when  the  act  establishing 
the  City  of  Berlin  shall  go  into  effect,  shall  be  heard 
and  administered  in  said  Court  under  the  name  of  the 
Police  Court  of  the  City  of  Berlin.  The  salary  of  the 
Justice  of  said  Police  Court  shall  be  the  sum  hereto¬ 
fore  fixed  by  the  Town  of  Berlin.  The  Justice  of  said 
Court  may  appoint  a  Clerk  of  the  Court  if  provision 
is  made  by  the  City  Council  of  said  City  for  his 
compensation;  but  until  such  provision  is  made,  the 
Justice,  or  in  his  absence,  the  Special  Justice  shall 
be  Clerk  as  to  all  business  before  thtem  respectively 
transacted  in  the  Court,  and  such  Clerk  or  Justice  shall 


12 


CITY  OF  BEELIN 


keep  a  full  record  of  all  proceedings.  The  fees  and 
costs  imposed  by  said  Court  shall  be  for  the  use  of  the 
City  of  Berlin,  and  shall  be  paid  over  to  the  City 
Treasurer,  by  any  person  collecting  the  same. 

Se«.  18.  All  vacancies  in  the  Board  of  Education, 
and  in  all  Ward  Offices  shall  be  filled  by  the  City 
Council. 

Sec.  19.  The  general  provisions  of  the  statutes  re¬ 
lating  to  state  biennial  elections  shall  apply  to  all 
elections  for  City  and  Ward  offices. 

Sec.  20.  The  Supervisors  of  said  town  shall  season¬ 
ably  post  check  lists  and  warrants  for  said  first  annual 
Ward  meetings,  and  shall  seasonably  appoint  a  Mod¬ 
erator  and  Clerk  for  each  of  said  Wards,  from  the 
legal  voters  thereof,  who  shall,  after  being  duly  sworn, 
have  the  powers  and  perform  the  duties  of  their 
respective  offices  at  the  first  annual  election  under  this 
act,  and  until  others  are  elected  and  qualified.  The  re¬ 
turns  of  votes  provided  by  law  to  be  made  to  the  City 
Clerk  shall,  at  said  first  annual  election,  be  made  to 
said  Town  Supervisors,  who  shall  forthwith  perform 
all  duties  in  relation  thereto,  which  are  by  law  as¬ 
signed  to  the  Mayor  and  Council  and  City  Clerk 
respectively.  Said  Supervisors  shall  also  select  and 
provide  a  suitable  place  for  the  first  meeting  of  the 
City  Council,  and  seasonably  notify  the  members  there¬ 
of  the  place  so  selected. 


OEDINANCES 


13 


Sec.  21.  This  act  shall  take  effect  on  the  20th  day 
of  February,  1897,  provided  the  town  shall  before  that 
date  have  adopted  the  same  at  a  legal  meeting  called 
for  that  purpose. 

9 

If  at  any  meeting  this  act  shall  fail  of  adoption,  it 
may  be  at  the  expiration  of  three  months  from  such 
meeting  and  prior  to  January  1,  1900,  be  again  sub¬ 
mitted  for  adoption. 

It  shall  also  be  the  duty  of  the  Selectmen  to  call 
a  meeting  of  the  town  to  act  on  said  question  of  adop¬ 
tion  in  accordance  with  the  foregoing  provision  upon 
the  petition  of  ten  or  more  voters  of  said  town. 


An  Act  in  Amendment  of  the  Charter  of  the  City  of 
Berlin  creating  a  Board  of  Police  Commissioners  for 
said  City,  and  fixing  the  salaries  of  the  officers  in  the 
Police  Department. 

Be  it  enacted  by  the  Senate  and  House  of  Representa¬ 
tives  in  General  Court  convened: 

Section  1.  The  management,  appointment,  and  re¬ 
moval  of  all  Police  Officers  in  said  City  shall  be  vested 
in  a  Board  of  three  Police  Commissioners;  they  shall 
have  the  power  to  make  all  reasonable  rules,  by-laws, 
and  regulations  for  the  government  of  said  Police  Of¬ 
ficers,  and  may  enforce  the  same  by  suspension,  or 
expulsion  from  the  force,  as  they  see  fit. 


14 


CITY  OF  BEELIN 


Sec.  2.  On  or  before  the  first  day  of  March,  1905, 
the  Governor,  with  the  advise  and  consent  of  the 
Council,  shall  appoint  three  Police  Commissioners,  (each 
of  whom  shall  have  been  a  resident  of  said  Berlin  at 
least  three  years  immediately  preceding  the  date  of  his 
appointment}  one  of  whom  shall  hold  ofdce  for  the 
term  of  one  year  from  the  first  day  of  April,  1905, 
one  for  the  term  of  two  years,  and  one  for  the  term  of 
three  years,  from  said  date,  or  until  their  successors 
are  appointed  and  qualified;  and  annually,  thereafter, 
on  or  before  the  first  day  of  April,  the  Governor  with 
the  advise  and  consent  of  his  Council  shall  appoint  some 
person,  qualified  as  aforesaid,  to  succeed  the  Commis¬ 
sioners  whose  term  expires,  who  shall  serve  the  full 
term  of  three  years,  unless  sooner  revoked.  Any  va¬ 
cancy  in  said  Board  shall  be  filled  in  the  same  manner, 
only  for  the  unexpired  term.  At  no  time  shall  more 
than  two  of  said  Commissioners  belong  to  one  political 
party. 

Sec.  3.  The  Governor,  with  the  advise  and  consent 
of  the  Council,  shall  have  full  power  to  remove  any  or 
all  of  said  Commissioners,  after  a  fair  hearing,  and  for 
just  cause. 

Sec.  4.  The  Police  Force  of  said  City  shall  consist 
of  a  City  Marshal,  Assistant  Marshal,  and  such  num¬ 
ber  of  regular  Police  Officers  as  the  Police  Commission 
shall  determine,  who  shall  devote  such  time  to  the 
performance  of  their  duties  as  may  be  required  by  the 
Commissioners;  said  officers  'shall  not  engage  in  any 


ORDINANCES 


15 


other  business  or  occupation,  or  hold  any  State,  Coun¬ 
ty  or  Muncipal  office,  except  Constable  and  as  afore¬ 
said.  The  Board  shall  have  the  power  to  appoint  as 
many  Special  Officers  and  Constables  as  may  be  con¬ 
sidered  necessary  who  shall  perform  such  services  as 
may  be  required  of  them  by  the  rules  and  regulations  of 
the  Board.  Special  Officers  shall  exercise,  when  on  duty, 
ail  the  powers  of  Police  Officers  and  Constables  under 
the  laws  of  the  State.  [On  and  after  the  first  day  of 
April,  nineteen  hundred  and  seven,  the  City  Council 
of  the  City  of  Berlin  is  hereby  authorized,  on  recom-. 
mendation  of  the  Police  Commission  of  said  City,  to 
determine  the  salaries  in  the  Police  Department  of 
said  City,  as  hereinafter  specified:  City  Marshal,  not 
to  exceed  twelve  hundred  dollars  per  annum;  Assistant 
Marshal,  not  to  exceed  one  thousand  dollars  per  an¬ 
num;  Police  Officers,  not  to  exceed  nine  hundred  and 
ten  dollars  per  annum.  (Section  1,  Chapter  289,  Laws 
of  1907)  each  Special  Officer,  while  on  duty,  such  sum 
as  the  Commissioners  may  compensate,  but  in  no  event 
to  exceed’  two  dollars  and  twenty-five  cents  per  day. 
The  compensation  of  said  Board  of  Police  Commis¬ 
sioners  shall  be  three  hundred  and  fifty  dollars  per 
annum,  to  be  divided  as  said  Board  may  determine. 
All  the  above  salaries,  as  well  as  the  necessary  ex¬ 
penses  of  the  Commissioners,  to  be  paid  monthly  by 
said  City  of  Berlin,  and  to  be  in  full  for  all  services 
rendered,  as  well  as  all  fees  in  criminal  cases,  which 
shall,  in  all  cases,  be  paid  to  the  City. 


16 


CITY  OF  BEELIN 


Sec.  5.  The  said  Board  shall  elect  one  of  their  num¬ 
ber  who  shall  act  as  chairman,  and  one  who  shall  act 
as  Clerk.  It  shall  be  the  duty  of  the  Clerk  to  keep 
an  accurate  record  of  the  proceeding  of  the  Commis¬ 
sioners,  issue  all  notices,  and  attest  such  papers  and 
orders  as  said  Board  shall  desire. 

Sec.  6.  The  said  Board  shall  in  the  month  of  Janu¬ 
ary  make  a  detailed  report  of  their  doings  to  the  Board 
of  Mayor  and  Council  of  said  city,  and  to  the  Governor 
of  the  State.  The  records  of  said  Board  shall  at  all 
times  be  open  to  public  inspection. 

Sec.  7.  It  shall  be  the  duty  of  the  Commissioners, 
appointed  under  this  act,  to  see  that  all  the  criminal 
laws  of  the  State  are  faithfully  and  impartially  en¬ 
forced,  within  said  City. 

Sec.  8.  All  acts  and  parts  of  acts  inconsistent  with 
this  act  are  hereby  repealed,  and  this  act  shall  take 
effect  upon  its  passage. 


In  the  year  of  our  Lord  one  thousand  eight  hundred 
and  ninety-seven. 

AN  OEDINANCE  in  relation  to  general  provisions  of 
the  City  of  Berlin. 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin  as  follows: 


ORDINANCES 


17 


Section  1.  All  by-laws  passed  by  the  City  Council 
shall  be  termed  ordinances  and  the  enacting  style 
which  shall  be  but  once  recited  in  each  ordinance  shall 
be:  “Be  it  ordained  by  the  City  Council  of  the  City 
of  Berlin  as  follows:” 

Sec.  2.  All  ordinances  which  shall  be  passed  by  the 
City  Council  of  the  City  of  Berlin  shall  be  endorsed 
and  recorded  by  the  City  Clerk  in  a  fair  and  legible 
hand,  without  inter-lineation  or  erasure,  and  in  the 
order  in  which  they  shall  be  passed*  in  a  book  Lo  be 
kept  for  that  purpose,  made  of  strong  linen  paper 
strongly  bound  with  a  proper  margin  and  index,  and 
to  be  lettered:  “Record  of  Ordinances  of  the  City 
of  Berlin,”  which  book  shall  be.  preserved  in  the  o£B.ce 
of  the  City  Clerk,  subject  to  the  inspection  of  the 
citizens  of  said  City. 

Sec.  3.  All  ordinances  of  the  City  Council  and  such 
resolutions  and  orders  as  the  City  Council  may  direct 
shall  be  published  in  one  or  more  newspapers  printed 
and  published  in  the  City  as  the  City  Council  shall 
from  time  to  time  designate. 

Sec.  4.  It  shall  be  the  duty  of  the  City  Clerk  to  pre- 
’  serve  four  copies  of  the  ordinances  and  resolutions  here- 
aftCi*  adopted  bj''  the  City  Council  by  cutting  the  same 
from  the  newspapers  in  which  they  are  printed  from 
time  to  time  and  pasting  them  into  blank  leaves  of  the 
revised  ordinances,  preserving  the  number  thereof,  and 
making  reference  thereto  in  the  index  of  said  ordin¬ 
ances  as  recorded  in  the  City  records,  one  copy  there- 


18 


CITY  OF  BEELIN 


of  for  the  use  of  the  Mayor,  another  copy  for  the 
use  of  the  Council,  the  third  copy  thereof  for  the  use 
of  the  City  Clerk’s  office  and  the  fourth  copy  thereof 
for  the  use  of  the  City  Solicitor. 

Sec.  5.  First.  The  repeal  of  an  ordinance  shall  not 
revive  any  ordinance  in  force  before,  or  at  the  time 
the  ordinance  repealed  took  effect. 

Second.  The  repeal  of  an  ordinance  shall  not  effect 
any  punishment  or  penalty  incurred  before  the  appeal 
took  effect,  or  any  suit,  prosecution,  or  proceeding  pend¬ 
ing  at  the  time  of  the  repeal,  for  an  offence  committed 
under  the  ordinance  repealed. 


CITY  SEAL 

Section  1.  The  seal  of  the  City  shall  be  circular  in 
form. 


FINANCES  AND  ACCOUNTABILITY  IN 
EXPENDITURES 

Section  1.  There  shall  be  appointed  at  the  com¬ 
mencement  of  each  municipal  year  a  Standing  Commit¬ 
tee  on  Accounts  and  Claims  to  consist  of  three  members 
of  the  City  Council,  which  committee  shall  meet  at  least 
once  each  month  and  carefully  examine  and  audit  all 


ORDINANCES 


19 


claims  and  accounts  against  tlie  City  which  shall  be 
laid  before  them,  approve  as  shall  be  provided  in  the 
following  section,  and  shall  allow  and  pass  the  same 
if  found  to  be  correct  and  justly  due. 

Sec.  2.  No  account  or  claim  against  the  City  except 
judgments  of  judicial  courts  shall  be  received  or  acted 
upon  by  the  Committee  on  Account  and  Claims  unless 
such  account  or  claim  shall  be  accompanied  with  the 
approval  of  the  officer,  committee  or  agent  authorized 
in  behalf  of  the  City,  to  make  the  contract  or  cause 
the  expenditure  to  be  made. 

See.  3.  The  City  Clerk  shall  receive  all  accounts 
and  claims  from  persons  having  claims  against  the  City 
which  shall  have  been  approved  as  provided  in  the  fore¬ 
going  section.  He  shall  carefully  examine  all  such 
accounts  and  claims  and  see  that  they  are  correctely 
cast  and  present  the  same,  folded,  filed  and  numbered, 
to  the  Committee  on  accounts  and  Claims. 

He  shall  keep  a  book  in  such  a  manner  and  form  as 
the  Committee  shall  direct  wherein  he  shall  enter  the 
date  and  amount  of  every  account  and  claim  against 
the  City  as  finally  corrected  and  allowed  by  said  Com¬ 
mittee  and  also  the  name  of  the  person  to  whom  the 
same  has  been  allowed,  designating  the  fund  or  ap¬ 
propriation  for  wdiich  the  same  shall  be  paid. 

• 

Sec.  4. — The  City  Clerk  shall  also  under  the  direction 
of  the  Committee  on  Accounts  and  Claims  keep  a  book 
or  ledger  in  which  he  shall  enter  the  various  appropria- 


20 


CITY  OF  BERLIN 


tions  made  by  the  City  Council,  each  under  its  appro¬ 
priate  head  and  charge  to  each  the  different  payments 
and  expenditures  which  shall  from  time  to  time  be 
made  therefrom.  Whenever  any  appropriation  shall 
be  expended  the  City  Clerk  shall  immediately  give 
notice  to  the  Mayor,  the  City  Council  and  to  said  Com¬ 
mittee  on  Accounts  and  Claims,  and  said  Committee 
shall  pass  no  claim  or  account  chargeable  to  any  head 
or  appropriation  which  has  been  expended  until  the 
City  Council  shall  have  provided  the  means  of  paying 
the  same.  The  City  Clerk  shall  open  an  account  with 
the  City  Treasurer,  charging  him  with  the  amount 
of  loans  to  the  City  and  all  sums  of  money  paid  to  him 
on  behalf  of  said  City,  by  the  Collector  or  other  officer 
or  agent  of  the  City,  and  also  with  all  notes,  bonds, 
mortgages  or  other  securities  in  the  hands  of  the 
Treasurer,  or  which  may  pass  into  his  hands,  belong¬ 
ing  to  the  City,  to  the  end  that  the  amount  and  value 
thereof  may  be  at  any  time  be  seen  on  his  books. 

Sec.  5.  No  money  shall  be  drawn  out  of  the  City 
Treasury  except  upon  the  written  order  of  the  Mayor, 
addressed  to  the  Treasurer,  and  countersigned  by  the 
City  Clerk,  and  numbered  so  as  to  correspond  with  the 
account  or  claim  it  shall  be  drawn  to  pay,  and  no 
account  or  claim  against  the  City,  arising  from  any 
contract  or  agreement  for  labor,  or  for  the  purchase  or 
sale  of  any  goods,  wares  or  merchandise  in  which 
any  member  of  the  City  Council  or  any  officer  or  a'gent 
appointed  by  the  City  Council,  or  either  branch  there¬ 
of,  has  been  directly  or  indirectly  interested  in  a 


ORDINANCES 


21 


private  capacity  shall  be  approved  by  the  Com¬ 
mittee,  nor  shall  any  order  therefor  be  drawn 
up  or  paid  by  the  City  Treasurer,  unless  such 
contract  c>r  agreement  shall  have  been  authorized 
or  ratified  by  the  City  Council;  but  such  restriction 
shall  not  be  construed  to  prevent  the  purchase  of  or¬ 
dinary  supplies  from  members  of  the  City  Council  who 
may  be  engaged  in  trade,  nor  the  employment  of  the 
members  of  the  City  Council  in  their  ordinary  voca¬ 
tion,  by  duly  authorized  heads  of  departments,  and  no 
account  or  claim  for  the  hire  of  horses  of  carriage  or 
for  any  other  thing  where  the  credit  of  the  City  has 
been  used  shall  be  allowed  unless  incurred  by  the 
authority  of  the  City  Council,  or  with  the  approval  of 
the  Mayor,  nor  unless  proper  vouchers  therefor  shall 
be  presented  by  the  person  incurring  the  debt. 

Sec.  6.  In  all  bills  against  the  City  which  shall  be 
presented  for  payment  each  item  shall  be  specially  set 
forth,  and  no  claim  exceeding  ten  dollars  in  amonut 
shall  be  allowed  and  paid  unless  approved  by  the 
City  Council.  The  Mayor  is  hereby  authorized  to  draw 
orders  on  the  Treasurer  for  the  payment  of  all  ac¬ 
counts  and  claims  allowed,  as  provided  in  this  chapter, 
but  he  shall  not  draw  an  order  in  payment  of  any 
services  rendered  or  any  material  furnished  for  any 
department  beyond  the  sum  specially  appropriate 
therefore  by  the  City  Council. 

Sec.  7.  Any  sum  of  money  which  shall  have  been 
specially  appropriated  for  the  payment  of  principal 


22 


CITY  O'F  BEELIN 


or  interest  due  on  any  note  or  other  security  of  the 
City,  or  for  the  State  and  County  taxes,  may  be  drawn 
from  the  Treasury  and  paid  to  the  order  of  the  Mayor 
for  the  purpose  for  which  it  was  appropriated,  without 
any  action  on  the  part  of  the  Committee  on  Accounts 
and  Claims;  and  whenever  it  shall  be  necessary  to  pay 
money  in  advance  or  contracts  made,  or  for  work  be¬ 
gun  but  not  completed,  the  Mayor,  upon  being  satis¬ 
fied  of  such  necessity,  may  draw  his  order  upon  the 
Treasurer  for  a  sum  not  exceeding  five  hundred  dollars 
at  any  one  time,  taking  security  for  the  same. 

'Sec.  8.  Whenever  any  money  shall  be  drawn  from 
the  Treasury  for  the  purpose  specified  in  the  preceding 
section,  the  City  Clerk  shall  report  the  same  and  the 
amount  thereof  to  the  Committee  on  Accounts  and 
Claims  at  their  next  meeting,  and  shall  charge  the  same 
under  the  appropriate  head  of  expenditures. 

Sec.  9.  All  City  Officers  who  shall  in  their  official 
capacity  receive  any  money  on  behalf  of  the  City, 
shall  pay  the  Treasurer  the  amount  in  their  hands,  once'’ 
in  three  months  or  often  if  required.  All  other  per¬ 
sons  who  shall  at  any  time  have  money  in  their  hands 
belonging  to  the  City  shall  forthwith  pay  the  same  to 
the  Treasurer. 

Sec.  10.  In  all  cases  of  the  payment  of  money  to 
the  City  Treasurer  he  shall  give  his  receipt  to  the  per¬ 
son  giving  the  same,  which  receipt  shall  be  delivered 
to  the  City  Clerk  and  filed  in  his  office,  and  the  City 
Clerk  shall  give  to  the  person  paying  a  certificate  as 


‘  ORDINANCES 


23 


evidence  of  such  payment.  All  City  Officers  and 
agents  receiving  money  in  behalf  of  said  City  shall  de¬ 
liver  to  the  City  Clerk,  once  in  three  months  a  report 
of  the  amount  received,  and  what  disposition  has  been 
made  thereof,  except  in  cases  otherwise  provided. 

Sec.  11.  The  City  Treasurer  shall  keep  in  a  book 
provided  for  the  purpose,  a  true  account  of  all  his  re¬ 
ceipts  and  payments  for  the  city,  making  the  same 
conform  in  mode  of  entry  as  near  as  may  be  with  the 
’accounts  kept  by  the  City  Clerk.  He  shall  not  pay  any 
money  out  of  the  treasury  except  upon  orders  of  the 
Mayor,  drawn  in  the  form  prescribed  in  the  fifth  sec¬ 
tion.  He  shall  at  the  end  of  each  six  months  certify 
to  the  City  Clerk  all  amounts  by  him  paid  for  maturing 
bonds,  interest,  state  or  county  taxes,  or  any  other  pur¬ 
pose  for  which  he  has  not  received  an  order  counter¬ 
signed  by  the  City  Clerk  and  the  City  Clerk  shall  en¬ 
ter  each  of  the  said  amounts  in  the  ledger  under  its 
appropriate  head  as  provided  in  section  four. 

■  He  shall  when  required  lay  before  the  City  Council 
a  statement  of  the  condition  of  the  treasury  and  of 
all  moneys  received  and  paid  by  him  on  city  accounts. 
Whenever  he  is  authorized  by  the  City  Council  to  bor¬ 
row  money  on  the  credit  of  the  city,  all  notes  and  certi¬ 
ficates  of  indebtedness  given  therefor  shall  be  signed 
by  the  Mayor  and  the  City  Treasurer  and  countersigned 
by  the  City  Clerk,  and  all  such  notes  and  certificates 
shall  be  registered  in  books  kept  for  that  purpose  in 
the  office  of  the  City  Treasurer  and  City  Clerk  respec- 


24 


CITY  OF  BERLIN 


lively,  such  registers  shall  describe  such  notes  and  cer¬ 
tificates  by  number,  date  and  amount,  the  name  of  the 
person  to  whom  payable,  where  payable  and  the  rate  of 
interest,  and  the  date  of  ordinance  or  resolution  author¬ 
izing  the  same. 

Sec.  12.  There  shall  be  appointed  at  the  commence¬ 
ment  of  each  municipal  year  a  Committee  on  Finance, 
consisting  of  the  Mayor  and  two  members  of  the 
Council,  which  committee  shall  negotiate  all  loans  to* 
the  City  which  shall  be  authorized  by  the  City  Council, 
and  shall  report  the  same  to  the  City  Treasurer. 

See.  13.  The  Committee  on  Finance  shall  at  the 
close  of  each  financial  year  prepare  and  lay  before  the 
City  Council  an  estimate  of  the  amount  of  money  neces¬ 
sary  to  be  raised  for  the  ensuing  financial  year,  under 
the  various  heads  of  appropriations  ,and  the  ways  and 
means  of  raising  the  same,  and  shall  also  at  the  close 
of  each  financial  year  prepare  and  lay  before  the  coun¬ 
cil  a  statement  of  all  the  receipts  and  expenditures  of 
the  preceding  financial  year,  and  in  detail  the  amount 
of  appropriation  and  expenditure  for  each  department; 
and  said  Committee  on  ,  Finance,  at  the  close  of  each 
financial  year,  and  before  making  their  annual  report 
of  receipts  and  expenditures,  are  hereby  authorized 
to  transfer  from  any  unexpended  balances  of  appropria¬ 
tions  so  much  thereof  as  shall  be  required  to  supply 
such  deficiencies  as  have  been  created  by  the  necessary 
overdrawing  of  the  other  appropriations  of  the  same 


ORDINANCES 


25 


financial  year,  and  said  statement  shall  be  accompanied 
with  a  schedule  of  property,  real  and  personal  belong¬ 
ing  to  the  city,  and  the  value  thereof  and  the  amount 
of  the  city  debt. 

Sec.  14.  The  Committee  on  Finance  shall  at  the 
close  of  each  financial  year,  and  as  much  oftener  as 
they  shall  \leem  it  expedient,  examine  and  audit  the 
accounts  of  the  City  Treasurer,  and  for  that  purpose 
shall  have  access  to  all  the  books  and  vouchers  in  the 
possession  of  the  City  Clerk  or  any  other  officer  of  the 
city.  Said  committee  shall  not  only  compare  said 
accounts  with-  the  vouchers  thereof,  but  shall  ascertain 
whether  all  moneys  due  the  city  have  been  collected 
and  accounted  for.  They  shall  also  examine  all  bonds, 
notes  and  securities  in  the  Treasurer  ^s  hands  belonging 
to  the  city  and  make  report  thereof  to  the  City  Coun¬ 
cil. 

Sec.  15.  The  City  Treasurer  shall  make  up  his  ac¬ 
counts  on  the  thirty-first  day  of  January,  and  the 
financial  year  shall  begin  on  the  thirty-first  day  of 
January  in  each  year.  (As  amended  by  ordinance 
passed  January  2nd,  1912.) 


CITY  CLERK 

Section  1.  In  addition  to  his  duties  prescribed  by 
law  the  City  Clerk  shall  perform  such  duties  in  connec¬ 
tion  with  his  office  as  the  City  Council  shall  from  time 
to  time  fix  and  determine. 


26 


CITY  OF  BERLIN 


CITY  SOLICITOR 

Section  1.  The  City  Solicitor  shall  act  as  Attorney 
for  the  City  in  all  criminal  and  civil  cases  in  which 
the  city  is*  interested.  He  shall  when  required  by  the 
Mayor  and  Council  or  any  ofiGicer  of  the  City,  advise 
them  on  any  question  of  law  relating  to  their  official 
business.  • 

He  shall  receive  for  his  services  as  such  officer  such 
salary  as  the  City  Council  may  from  time  to  time  fix 
and  determine.  In  all  cases  where  his  attendance  may 
be  required  out  of  the  city,  reasonable  travelling  ex¬ 
penses  shall  be  allowed  him. 


OVERSEER  OF  THE  POOR 

Section  1.  The  Overseer  of  the  Poor  shall  perform 
the  same  duties  and  be  subject  to  the  same  liabilities 
as  are  now  prescribed  for  and  incumbent  on  Overseers 
of  the  Poor  of  tawns,  and  perform  such  other  duties 
as  the  City  Council  may  prescribe.  He  shall  receive 
such  compensation  or  salary  for  his  services  as  the  City 
Council  may  from  time  to  time  fix  and  determine. 


HIGHWAY  AGENT 

Section  1.  The  duties  and  liabilities  of  the  Highway 
Agent  shall  be  such  as  are  prescribed  by  law  for  High- 


ORDINANCES 


27 


way  Agents  of  towns,  and  such  other  duties  as  the 
Mayor  and  Council  may  from  time  to  time  require. 


Sec.  2.  The  Highway  Agent  shall  receive  such 
compensation  for  his  services  as  the  City  Council  may 
fix  and  determine. 


CITY  CIVIL  ENGINEER 

Section  1.  The  City  Civil  Engineer  shall  be  under 
the  direction  of  the  City  Council.  He  shall  have  charge 
of  all  plans  of  public  grounds,  streets,  sewers  and  main 
drain's  of  the  city,  except  such  as  pertain  to  the  city 
system  of  house  sewerage.  He  shall  by  himself  or 
assistants  for  whom  he  shall  be  responsible,  make  all 
surveys,  estimates,  measurements  and  levels,  and  per¬ 
form  such  other  duties  as  may  be  required  of  him  by 
the  City  Council.  All  books  and  papers  containing 
files,  notes  and  other  memoranda  shall  be  the  property 
of  the  city. 

Sec.  2.  The  said  Engineer  shall  -receive  such  salary 
as  the  City  Council  may  fix  and  determine. 


BOARD  OF  HEALTH 

Section  1.  The  Bo^rd  of  Health  shall  have  and  ex¬ 
ercise  all  the  powers  vested  in  it,  and  shall  perform 
all  the  duties  prescribed  for  health  officers  of  towns  as 
provided  by  law. 


28  .  ,,  I  -■  (,  CITY  OF  BERLIN 

f  i  ^  ■ 

Sec.  2.  The  Board  oL  Health  shall  receive  such  com¬ 
pensation  for  their  services  as  the  City  Council  may 
from  time  to  time  fix  and  determine. 


COLLECTOR  OF  TAXES 

Section  1.  The  duties  of  the  Collector  of  Taxes  shall 
be  such  as  are  prescribed  by  law  for  the  Collector  of 
Taxes  in  towns,  and  his  compensation  shall  be  such 
as  the  Mayor  and  Council  may  from  time  to  time  de¬ 
termine. 


SEWERS 

Section  1.  The  present  system  of  house  sewerage 
together  with  any  additions  to  the  system  which  may 
hereafter  be  made,  shall  be  under  the  general  charge 
of  an  officer  to  be  elected  annually  by  the  City  Council, 
to  be  known  as  Sewer  Commissioner. 

The  said  Sewer  Commissioner  shall  be  under  the  di¬ 
rection  and  control  of  the  City  Council  in  all  matters 
pertaining  to  the  construction.  Care  and  management 
of  the  system  of  house  sewerage  of  the  city.  He 
shall  perform  such  duties  connected  with  his  office  as 
the  City  Council  shall  from  time,  to  time  fix  and  pre¬ 
scribe.  He  may  make  such -rules  and  regulations  as  to 
the  use  of  said  sewers  as  he  shall  deem  proper,  subject 
to  the  approval  of  the  City  Council. 


OEDINANCES 


29 


Sec.  2.  He  shall  receive  for  his  services  such  salary 
or  compensation  as  the  City  Council  may  fix  and  de¬ 
termine.- 


CITY  MARSHAL  AND  POLICE 

Section  1.  The  City  Marshal  give  bonds  in  the  sum 
of  three  hundred  dollars  satisfactory  to  the  City  Coun¬ 
cil  for  the  faithful  performance  of  the  duties  of  his 
oflBce. 

Sec.  2.  The  City  Marshal  shall  perform  such  duties 
as  are  prescribed  by  law  and  such  further  duties  as. 
the  Mayor  and  Council  may  from  time  to  time  require. 
He  shall  observe  all  wants  and  defects  of  highways 
and  streets  and  give  immediate  notice  thereof  to  the 
Street  Commissioner,  to  the  end  that  the  same  may 
be  amended.  He  shall  lay  before  the  Mayor  and  Coun¬ 
cil  once  a  month,  a  statement  ‘of  all  offences  against 
the  laws  of  the  State  and  the  ordinances  of  the  City, 
and  all  prosecutions  instituted  by  him  on  behalf  of  the 
city,  and  the  result  thereof. 

Sec.  3.  The  Marshal  and  all  other  Police  Officers 
and  Watchmen,  when  on  duty,  shall  wear  such  badge 
of  their  office  as  the  Mayor  and  Council  shall  prescribe. 

Sec.  4.  It  shall  be  the  duty  of  the  City  Marshal,  in 
addition  of  his  other  duties,  to  ascertain  tho  circum- 
'  stances  of  all  accidents  happening  in  which  the  City 


30 


1 


CITY  OF  BEELIN 


/ 

may  have  an  interest,  and  all  other  matters  of  a  similar 
nature  when  so  directed  by  the  Mayor,  and  to  make  a 
report  to  the  Mayor  and  City  Solicitor  of  the  investiga¬ 
tion  in  each  case. 

• 

Sec.  5.  Should  any  Police  Officer  or  Watchman  fail 
to  comply  wdth  his  instructions  or  be  otherwise  remiss 
in  his  official  duties,  the  City  Marshal,  at  his  discre¬ 
tion,  temporarily,  may  suspend  such  delinquent,  and  he 
shall  report  the  facts  in  any  case  to  the  City  Council, 
and  the  matter  shall,  if  in  their  judgment  the  interest 
of  the  city  require  it,  investigate  the  same  without 
delay,  and  reprimand  or  remove  from  office  and  Police 
Officer  or  Watchman  who  may  be  found  guilty  of  such 
neglect. 

Passed  April  21,  1897. 

Approved,  H.  F.  MARSTON, 

Mayor. 

Attest:  J.  A.  LETOURNEAU,  City  Clerk. 


In  the  year  of  our  Lord  one  thousand  eight  hundred 
and  ninety-seven. 

AN  ORDINANCE  to  regulate  the  admission  of  chil¬ 
dren  into  the  public  schools  of  the  City  of  Berlin. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin  as  follows: 

That  pupils  who  are  five  years  old  and  upwards  shall 
be  admitted  to  the  primary  schools  only  during  the' 


OKDINANCES 


31 


first  and  second  weeks  of  the  Fall  and  Spring  terms; 
but  pupils  who  are  qualified  to  enter  existing  classes 
may  be  admitted  at  any  time  during  the  school  year,  by 
applying  to  the  Secretary  of  the  Board  of  Education. 
Passed  May  11,  1897.  ® 

Approved,  H.  F.  MARSTON, 

MayorT 

Attest:  J.  A.  LETOURNEAU,  City  Clerk. 


In  the  year  of  our  Lord  one  thousand  eight  hundred 
and  ninety-seven. 

AN  ORDINANCE  relating  to  the  Fire  Department. 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin  as  follows: 

Section  1.  The  Fire  Department  shall  consist  of  a 
Chief  Engineer  and  Assistant  Engineer,  to  be  denom- 
imated,  first  and  second  Engineer;  and  a  suitable  num¬ 
ber  of  hose  men,  not  less  than  twelve  nor  more  than 
eighteen  to  form  a  hose  company,  and  a  suitable  num¬ 
ber  of  hook  and  ladder  men,  not  less  than  eight  or  more 
than  fifteen  to  form  a  company. 

Sec.  2.  The  Board  of  Councilmen  shall  in  case 
of  a  vacancy  in  the  Board  of  Engineers,  fill  such  va¬ 
cancies  by  appointment  and  said  Engineer  shall  con¬ 
stitute  the  Board  of  Engineers  and  shall  perform  tho 
duties  and  exercise  the  powers  of  a  fire  ward. 


CITY  OF  BERLIN 


Ow 

Sec.  3.  Every  Hose  Company  shall  have  attached 
thereto  a  Foreman  and  Assistant  Foreman,  also  the 

Hook  and  Ladder  Company  shall  have  attached  thereto 
a  Foreman  and  Assistant  Foreman  which  must  be  ac¬ 
ceptable  to  the  Board  of  Engineers. 

Sec.  4.  No  member  of  the  Fire  Department  shall 
hold  the  oflS.ce  of  Marshal,  Assistant  Marshal  or  Police 
OflScer. 

Sec.  5.  In  case  of  fire  the  Chief  Engineer  shall  have 
the  sole  and  absolute  control  and  command  over  the 
Assistant  Engineer  and  all  other  oflScers  of  the  Fire 
Department. 

Sec.  6.  In  the  absence  of  the  Chief  Engineer  the 
Assistant  Engineer  next  in  rank  who  may  be  present, 
shall  have  all  the  power  and  perform  the  duties  of  the 
Chief  Engineer. 

Sec.  7.  The  Foreman  of  each  Hose  Company  and  the 
Foreman  of  the  Hook  and  Ladder  Company  shall,  at 
least  twice  in  each  month,  and  also  in  addition  thereto 
within  twenty-four  hours  after  every  fire,  see  that 
such  fire  apparatus  as  they  may  have  charge  of  has  * 
been  operated  and  examined  minutely  and  carefully 
and  report  the  condition  thereof  to  the  Chief  Engineers. 

Sec.  8.  It  shall  be  the  duty  of  the  members  of  the 
Fire  Department  upon  an  alarm  of  fire  to  repair  to  their 
respective  places,  place  themselves  under  Captain  in 
command  and  obey  his  orders;  and  upon  receiving  his 
permission,  return  the  fire  apparatus  to  their  appro¬ 
priate  places  in  a  quiet  and  orderly  manner. 


ORDINANCES 


33 


Sec.  9.  The  Foreman  of  each  Hose  Company  and 
Hook  and  Ladder  Company  shall  cause  the  fire  appara¬ 
tus  entrusted  to  their  care  respectively  to  be  thorough¬ 
ly  cleaned,  oiled,  washed  and  securely  housed. 

Sec.  10.  All  species  of  gaming  or  playing  of  games 
of  chance,  and  all  disorderly  conduct  in  any  hose  house, 
or  hook  and  ladder  house,  or  any  room  connected  there- 
■with,  at  any  and  all  times  is  forbidden,  and  all  assemb¬ 
ling  of  persons  on  the  Sabbath  in  any  of  said  houses 
or  rooms,  except  for  the  purpose  of  doing  necessary 
■work  on  the  fire  apparatus  belonging  to  such  house  or 
rooms,  or  of  accompanying  such  fire  apparatus  to  a 
place  of  fire  or  of  returning  ■with  the  same,  is  also 
expressly  forbidden  and  it  shall  be  the  duty  of  the 
Chief  or  the  City  Marshall  to  see  that  the  provisions 
of  this  section  are  enforced. 

Sec.  11.  No  Hose  or  Hook  and  Ladder  Carriage 
shall  be  taken  to  a  fire  out  of  the  city  without  permis¬ 
sion  of  an  Engineer,  nor  shall  any  apparatus  of  the 
Fire  Department  be  taken  from  the  city  except  in  ■'ase 
of  fire,  with  permission  of  the  Mayor. 

Sec.  12.  The  Board  of  Engineers  shall  examine  into 
all  shops  and  other  places,  where  shavings  and  other 
combustible  materials  may  be  deposited  or  collected 
and  at  all  times  be  vigilant  in  the  removal  of  the  same. 

Whenever  in  their  opinion  the  same  may  be  danger¬ 
ous  to  the  security  of  the  city  from  fires  and  direct 
the  owners,  tenants  or  occupants  of  said  shop  or  other 
places  to  remove  the  same,  and  in  case  of  such  owner. 


34 


CITY  OF  BEELIN 


tenant  or  occupants’  refusal  or  neglect  to  do  so,  such 
person  shall  be  liable  to  a  penalty  not  excedding  ten 
dollars  ($10)  for  such  neglect  or  refusal,  and  when¬ 
ever,  in  the  opinion  of  the  Board  of  Engineers  any 
chimney,  hearth-oven,  stove,  stove-pipe,  flue  or  other 
fixtures,  or  any  explosive  or  inflammable  fluid  or  other 
material,  or  whatever  else  may  give  just  cause  of  alarm, 
shall  be  altered,  repaired  or  removed,  they  the  said 
Engineers  shall  forthwith  notify  and  direct  the  owner, 
tenant  or  occupant  of  the  premises  upon  which  the 
same  are  situated  to  alter,  repair  or  remove  the  same, 
as  the  said  Engineers  shall  direct  and  in  case  such  ten¬ 
ant,  owner,  or  occupant  shall  refuse  or  neglect  to  do' 
so,  the  person  so  refusing  or  neglecting  shall  also  be 
liable  to  a  penalty  not  exceeding  ten  dollars. 

Any  person  who  shall  obstruct  the  Engineer,  or  his 
Assistants  in  carrying  out  the  provisions  of  this  section 
shall  be  liable  to  a  penalty  not  exceeding  ten  dollars. 

Sec.  13.  If  any  person  shall  wilfully  or  maliciously 
injure  any  of  the  apparatus  owned  by  the  city  or  shall 
ride  or  drive  any  animal  or  carriage  across  any  hose 
or  other  apparatus  when  in  use  at  any  fire  or  any  trial 
thereof  he  shall  be  fined  not  less  than  five  dollars  nor 
more  than  twenty  dollars  and  shall  be  required  to  pay 
all  damages  by  him  caused. 

Sec.  14.  All  factories,  hotels,  tenement  houses, 
public  halls,  school  houses  and  other  buildings  used 
as  places  of  public  resort  in  the  city  shall  be  provided 
with  ample  means  of .  escape  in  case  of  fire  and  ade¬ 
quate  facilities  for  entrance  and  exit  on  all  occasions 


OllDINANCES 


35 


) 


and  be  so  erected  as  not  to  endanger  the  health  and 
safety  of  persons  who  may  occupy  them. 

Sec.  15.  The  Fire  Engineers  shall  constitute  a  board 
for  the  inspection  of  the  buildings  and  halls  mentioned 
in  the  preceding  section  and  shall  from  time  to  time 
inspect  the  same  and  after  notifying  and  hearing  all 
parties  interested  may  thereupon  direct  such  alterations 
in  any  building  or  hall  as  may  be  necessary  by  the 
provisions  of  said  section  and  may  "order  such  building 
or  hall  to  be  closed  until  such  alterations  are  made. 

Sec.  16.  Every  person  aggrieved  by  any  decision 
of  such  inspectors  may  appeal  therefrom  as  provided 
in  Sec.  5  of  Chapter  116  of  the  Public  Statutes. 

Sec.  17.  Every  person  who  shall  let  or  use  any 
building  for  the  purposes  specified  in  section  14  of  this 
chapter  after  such  building  shall  have  been  ordered 
closed  or  altered  as  provided  in  Sec.  15  of  this  chapter, 
until  such  orders  has  'been  complied  with,  or  reserved, 
shall  be  punished  as  provided  in  Sec.  6  of  chapter  116 
of  Public  Statutes. 

Sec.  18.  For  each  absence  from  fire  or  neglect  of 
duty  the  Chief  Engineer  and  Assistant  Engineers  shall 
be  fined  one  dollar  ($1.00)  each  and  others  who  are 
members  of  the  department  fifty  cents  (50c)  each; 
provided  however  that  any  fireman  liable  as  above  may 
in  case  of  temporary  absence  or  sickness  have  power 
of  substitution  by  giving  notice,  each  Assistant  F.Ji- 


36 


CITY  OF  BERLIN 


(  - 

gineer  to  Chief,  each  Captain  to  an  Engineer  and  each 
other  member  to  the  Captain  of  his  Company.  ‘ 

Passed  August  3,  1897. 

Approved,  H.  F.  MARSTON, 

Mayor. 

Attest:  J.  A.  LETOURNEAU,  City  Clerk. 


In  the  year  of  our  Lord  one  thousand  eight  hundred 
and  ninety-seven. 

AN  ORDINANCE  in  relation  to  Sewers. 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin  as  follows: 

Section  1.  The  word  ‘  ‘  drain '  ’  when  used  in  ordin¬ 
ances,  shall  be  construed  to  mean  a  pipe  or  conduit  for 
the  conveyance  of  storm  or  ground  water;  and  the 
word  ‘‘sewer”  when  so  used  shall  be  construed  to 
mean  a  pipe  or  conduit  for  the  conveyance  of  sewage 
of  buildings  only. 

Sec.  2.  To  the  Committee  on  Sewerage,  under  the 
direction  of  the  City  Council,  shall  be  entrusted  the 
general  management  and  supervision  of  the  public 
sewers  which  are  now  or  may  hereafter  be  constructed 
and  owned  by  the  city,  or  which  may  be  permitted  to 
be  constructed  or  opened  by  its  authority.  The  ap¬ 
propriations  for  sewers  shall  be  expended  under  their 
direction  and  they  shall  have  full  power  to  make  all 
necessary  repairs,  extensions  or  improvements  on  said 


ORDINANCES 


37 


sewers,  to  procure  new  sewer  pipes  and  all  other  neces¬ 
sary  materials,  and  to  make  all  necessary  contracts  in 
connection  therewith;  but  they  shall  make  no  contracts 
nor  do  any  work  in  excess  of  the  appropriations. 

Sec.  3.  All  connections  of  house  sewers,  drains  and 
plumbing  work  with  the  sewer  system  of  the  city  of 
Berlin  shall  be  made  in  accordance  with  these  rules 
and  regulations,  and  no  plumbing,  house  drainage  or 
connections  shall  be  done  or  made  in  connection  with 
the  sewer  by  any  person  not  licensed  to  do  such  work 
by  the  Sewer  Committee. 

APPLICATION  FOR  LICENSES 

Sec.  4.  Any  person  desiring  to  do  business  as  a 
plumber  in  connection  with  the  ’sanitary  sewer  system 
of  the  City  of  Berlin,  shall  file  in  the  ofiice  of  the 
Superintendent  of  Sewers  a  petition  giving  the  name  of 
the  individual  and  place  of  business,  and  asking  to  be 
licensed  as  a  plumber.  Said  petition  must  be  signed 
by  two  responsible  citizens  of  the  City  of  Berlin,  vouch¬ 
ing  for  his  business  capacity  and  reputation  and  that 
he  is  willing  to  be  gov^ned  in  all  respects  by  the  rules 
and  regulations  which  are  now  or  may  be  adopted  by 
the  city.  No  licenses  shall  be  granted  for  more  than 
one  year,  and  all  licenses  shall  be  granted  to  expire  on 
the  first  day  of  April.  The  fee  shall  be  two  dollars  for 
each  license. 

Sec.  5.  Applications  for  permits  to  connect  with 
the  sewer  system  or  do  plumbing  work  to  be  connected 
therewith,  must  be  made  in  writing  by  the  owner  of 


38 


CITY  OF  BEELIN 


the  property,  or  his  authorized  agent.  Permits  to  make 
connections  with  the  Sewer  System  will  be  issued  only 
when  the  plumbing  in  the  house  or  building  to  be 
connected  is  in  accordance  with  the  rules  for  plumb¬ 
ing  hereinafter  prescribed;  and  all  work  done  shall  be 
subject  to  the  inspection  of  the  Superintendent  of 
Sewers,  and  no  alteration  shall  be  made  in  any  plan 
or  in  any  w'ork  without  a  special  permit  in  v/riting 
from  him. 

STATEMENT  OF  WORK  DONE 

Sec.  6.  A  Plumber  shall,  on  the  completion  of  the 
work,  file  in  the  office  of  the  Superintendent  of  Sewers, 
on  blanks  furnished  for  the  purpose,  a  correct  state¬ 
ment  of  the  work  done  under  the  permit. 

CESSPOOLS 

Sec.  7.  No  open  gutter,  cesspool  or  privy  vault 
shall  be  connected  with  any  sewer  or  drain. 

INJURY  TO  SEWERS  . 

Sec.  8.  No  person,  firm  or  ccJtporation  shall  injure, 
break  or  remove  any  portion  of  any  manhole.  Hush 
tank  or  any  part  of  the  sew^er  system;  or  throw  or  de¬ 
posit,  or  cause  to  be  thrown  or  deposited  in  any  sewer 
opening  or  receptacle  connected  with  the  sewer  system 
and  garbage,  offal  or  dead  animals,  ashes,  cinders  or 
any  other  thing  whatsoever,  except  faeces  urine,  the 
necessary  water  closet  paper,  liquid  house  slops,  also 
roof  and  cellar  water  by  special  permit.  •  ^ 


ORDINANCES 


39 


WATER  OR  GAS  PIPE 

Sec.  9.  Any  person,  firm  or  corporation  desirinj^  to  lay 
pipes  for  water,  gas,  steam  or  any  purpose  in  any  street, 
alley  or  property  upon  which  sewers  are  laid  shall  give, 
at  least  twenty-four  hours'  notice  to  the  Superinten¬ 
dent  of  Sewers  and  the  manner  of  excavating,  laying 
and  backfilling  shall  be  subject  to  the  approval  of  the 
Superintedent.  All  such  work  shall  be  planned  and 
executed  so  that  no  injury  shall  occur  to  any  public 
sew'er  or  drain,  or  to  any  house  sewer  or  drain,  con¬ 
nected  therewith. 

OBSTRUCTIONS 

Sec.  10.  The  Superintendent  shall  have  the  power 
to  stop  and  prevent  from  discharging  into  the  sewer 
system  any  private  sewer  or  drain  through  which  sub¬ 
stances  are  discharged  which  are  liable  to  Injure  the 
sewer  or  obstruct  the  flow  of  the  sewage.  Before  any 
private  drain  or  sewer  shall  be  connected  with  the  sys¬ 
tem,  the  owner  of  the  private  drain  or  sewer  shall  prove 
to  the  satisfaction  of  the  Superintendent  that  it  con¬ 
forms  in  every  respect  to  these  rules  and  regulations. 

PLUMBING  RULES 

See.  11.  Each  and  every  connection  with  the  public 
Sewer  shall  be  first  quality  salt  Glazed,  Vetrified  pipe 
not  less  than  four  inches  internal  diameter,  which  may 
extend  from  the  sewer  to  within  three  feet  of  the 
house;  and  from  thence  the  house  drain  shall  be  of 
cast  iron  pipe  satisfactory  to  the  Superintendent  of 


40 


CITY  OF  BEELIN 


Sewers  and  shall  extend  upwards  full  size  so  that  its 
upper  terminus  shall  communicate  directly  with  open 
air  in  a  manner  which  shall  secure  perfect  ventilation. 
No  brick,  sheet  metal,  earthern  ware  or  chimney  flue 
shall  be  used  as  a  sewer  ventilator  nor  to  ventilate  any 
trap,  drain,  soil  or  waste  pipe. 

EVERY  FIXTURE  SHALL  BE  EFFECTUALLY 

TRAPPED 

Sec.  12.  No  trap  or  any  manner  of  obstruction  to  the 
free  flow  of  air  through  the  whole  course  of  the  drain 
and  soil  pipe  will  be  allowed.  Every  fixture  shall  be 
effectively  trapped.  Traps  to  be  as  near  fixtures  as 
possible  and  no  traps  shall  be  more  than  three  (3)  feet 
from  the  fixture  which  it  is  to  serve. 

Every  fixture  having  a  waste  pipe  shall  be  furnished 
with  a  Sanitas  Anti  Syphon  trap  or  be  vented  by 
special  air  pipe  (of  a  size  not  less  than  the  waste  pipe 
when  there  is  more  than  six  (6)  feet  of  said  waste 
pipe)  between  trap  and  said  pipe.  Star  or  Battle  traps 
and  four  (4)  inch  water  closet  traps  may  be  used  with¬ 
out  venting  if  placed  on  pipe  extending  through  roof 
if  not  more  than  six  (6)  feet  away.  All  vent  pipes 
from  the  inside  of  the  roof  must  be  at  least  four  (4) 
inches  in  diameter.  No  pan  closet  to  be  allowed  and 
all  water  closets  must  have  a  seat  vent  of  not  less  than 
two  inches  into  the  kitchen  chimney  when  practicable. 

Sec.  13.  All  soil  and  waste  pipes  shall  be  as  direct 
as  possible  and  all  parts  of  the  work  shall  be  so  ar- 


ORDINANCES 


41 


ranged  that  they  may  be  at  all  times  readily  examined 
and  repaired.  When  necessary  placed  within  partitions 
or  in  the  recessess  of  walls,  soil  and  waste  pipes  must 
be  covered  with  w'ood-work  so  fastened  with  screws  as 
to  be  readily  removed. 

Sec.  14.  All  joints  in  iron  drain  pipes,  soil  pipes  and 
waste  pipes,  except  when  screw  joints  are  used,  must 
be  so  filled  with  oakum  and  lead  and  hand  caulked  as 
to  make  them  gas  tight.  All  connections  of  lead  pipes  with 
iron  pipes  must  be  made  with  a  brass  or  lead  sleeve, 
or  ferruled  as  large  or  larger  than  the  lead  pipe  put 
in  the  hub  of  the  branch  of  the  iron  pipe  and  caulked 
with  oakum  and  lead.  The  lead  pipe  must  be  attached 
to  the  ferrule  by  a  wiped  or  overcast  Joint. 

Sec.  15.  The  least  inclination  that  can  be  allowed 
for  house  drains  .is  one  (1)  in  sixty  (60)  without  the 
written  permission  of  the  Superintendent  of  Sewers. 
The  ends  of  all  pipes  not  to  be  immediately  connected 
must  be  securely  closed,  water  tight,  with  imperish¬ 
able  material.  The  inside  of  every  drain  after  it  is 
laid  must  be  left  smooth  and  clean  throughout  its  en¬ 
tire  length. 

Sec.  16.  The  backfilling  over  drains  must  be  puddled 
of  rammed,  all  water  and  gas  pipes  protected  from  in¬ 
jury  or  settling  and  the  surface  of  the  street  made  good 
within  forty-eight  hours  after  the  completion  of  that 
part  of  the  drain  lying  within  the  public  way. 


42 


CITY  OF  BEELIN 


See.  17.  Any  person  violating  any  of  the  provisions 
of  these  rules  and  regulations  shall  upon  conviction 
thereof,  be  fined  not  exceeding  twenty-five  dollars 
($25.00)  for  the  use  of  the  City  of  Berlin,  and  any 
plumber  or  drain  layer  violating  these  rules  and  regula¬ 
tions  shall  forfeit  his  license. 

Sec.  18.  The  above  rules  and  regulations  shall  take 
effect  when  adopted  by  the  City  of  Berlin. 

Passed  September  7,  1897. 

Approved,  H.  F.  MAESTON, 

Mayor. 

Attest:  J.  A.  LETOUENEAU,  City  Clerk. 


In  the  year  of  our  Lord  one  thousand  eight  hundred 
and  ninety-seven. 

AN  OEDINANCE  in  relation  to  the  inspection  of  build¬ 
ings. 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin  as  follows: 

Section  1.  The  inspector  shall  examine  all  buildings 
in  the  Course  of  erection  or  alteration  as  often  as  prac¬ 
ticable  and  make  a  record  of  all  violations  of  the  laws 
herein.  / 

Sec.  2.  Hereafter  in  the  City  of  Berlin  no  public 
building  damaged'  by  fire  -or  other  casualty  shall 
be  repaired  or  restored  to  its  former  condition  and  no 


ORDINANCES 


43 


work  which  impairs  the  strength  or  increases  the  fire 
risk  of  any  wall,  structure  or  building  shall  be  done 
except  upon  a  permit  from  the  inspectors. 

Sec.  3.  No  woodwork  will  be  allowed  to  be  put 
within  one  inch  of  any  chimney. 

Section  4.  All  buildings  over  twenty  feet  high  shall 
have  permanent  means  of  access  to  the  roof  from  the 
inside. 

The  opening  shall  be  not  less  than  eighteen  inches 
by  thirty  inches. 

Sec.  5.  Any  building  which  by  defect,  accident  or 
decay  or  overloading  is  unsafe  shall  be  vacated  forth¬ 
with  if  and  when  the  inspector  shall  so  order. 

Sec.  6.  No  smoke  pipe  in  any  building  with  wooden 
or  combustible  floors  or  ceiling  shall  hereafter  enter 
any  flue  unless  the  said  pipe  shall  be  at  least  twelve 
(12)  inches  from  either  the  floor  or  ceiling  and  in  all 
cases  where  smoke  pipes  pass  through  stud  or  wooden 
partitions  of  any  kind  whether  the  same  be  plastered 
or  not.  They  shall  be  guarded  by  either  a  double  collar 
of  metal  with  air  space  or  by  at  least  four  (4)  inches 
of  brick  between  pipe  and  wood.  • 

Sec.  7.  Every  structure  and  every  part  thereof;  and 
appurtenances  thereto  within  the  City  of  Berlin  shall  be 
BO  constructed  and  maintained  in  such  repair  as  not 
to  be  dangerous,  and  the  owners  of  any  premises  within 
the  said  city  upon  notice  from  the  inspector  that  such 
premises  are  dangerous  shall  forthwith  remedy  the 
cause  of  danger  by  removal  or  repair. 


44 


CITY  OF  BEELIN 


Sec.  8.  No  shanties  or  cheap  buildings  will  be  al¬ 
lowed  to  be  built  or  moved  on  to  any  lot  in  any  of  the 
principal  streets  of  the  City  of  Berlin  without  a  permit 
from  the  Inspector. 

Section  9.  No  chimney  shall  be  started  or  built  upon 
any  floor  or  beam,  and  in  no  case  where  the  breast  of 
a  chimney  shall  project  more  than  four  (4)  inches 
shall  it  be  commenced  in  any  wall,  but  shall  be  started 
from  the  foundation.  No  chimney  in  buildings  already 
erected  or  hereafter  to  be  built  shall  be  cut  off  below 
or  in  part  and  supported  by  wood  but  shall  be  wholly 
supported  by  stone,  brick,  or  iron. ' 

Section  10.  The  City  Council  may  by  ordinance  at 
any  time  make  such  requirements  in  addition  to  these 
contained  in  this  act  as  they  may  deem  expedient  in 
relation  to  the  erection  and  alteration  of  buildings. 

Sec.  11.  Any  person  who  shall  build  or  alter  any 
building  or  other  structure  or  part  thereof  in  viola¬ 
tion  of  any  provisions  of  this  act  or  who  shall  after 
twenty-four  hours’  notice  from  the  Inspector  maintain 
or  use  any  such  building  or  other  structure  or  part 
thereof  so  built  or  altered  as  shall  violate  any  provi¬ 
sions  of  this  act,  shall  be  punished  by  a  fine  not  exceed¬ 
ing  one  hundred  dollars  to  be  paid  into  the  Treasury 
of  the  City  of  Berlin. 

Passed  August  2,  1898. 

Approved,  H.  F.  MAESTON, 

Mayor. 

Attested:  WM.  W.  BUELINGAME,  City  Clerk. 


OKDINANCES 


45 


In  the  year,  of  our  Lord  one  thousand  eight  hundred 
and  ninety-eight. 

AN  ORDINANCE  in  relation  to  the  inspection  of  the 
public  streets  and  ways  of  the  City  of  Berlin.’ 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin  as  follows: 

Section  1.  No  person  or  corporation  shall  dig  up  any 
public  street,  public  way  or  public  ground  in  said  City 
of  Berlin,  for  the  purpose  of  laying  water  pipes,  sewer 
pipes,  or  other  structures  therein,  or  for  the  purpose 
of  repairing  the  same,  without  first  obtaining  the  con¬ 
sent  of  the  Mayor  and  City  Council  of  said  city. 

Sec.  2.  In  case  any  person  or  corporation,  after 
having  obtained  the  consent  of  the  Mayor  and  City 
Council  as  aforesaid,  shall  dig  up  any  public  street,- 
public  way  or  public  ground  for  any  of  the  purposes 
mentioned  in  Section  1  of  this  ordinance,  he  or  it  shall 
restore  the  same  to  the  same  order  and  condition  in 
which  the  premises  were  in  before  said  digging  was 
commenced,  without  unnecessary  delay,  and  shall  take 
all  necessary  precautions  to  protect  the  public  from 
injury  by  their  acts. 

Sec.  3.  Nothing  herein  contained  shall  be  construed 
in  such  manner  as  to  relieve  any  person  or  corporation 


46 


CITY  OF  BEELIN 


from  liability  for  damages  resulting  in  the  performance 
of  any  work  here  in  mentioned,  for  which  they  are  by 
law  liable. 

Passed  August  2,  1898. 

Approved,  H.  F.  MARSTON, 

Mayor. 

Attest;  WM.  W.  BURLINGAME,  City  Clerk. 


In  the  year  of  our  Lord  nineteen  hundred. 

AN  ORDINANCE  in  relation  to  the  inspection  of  teams 
on  the  business  streets  of  the  City  of  Berlin. 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin  as  follows: 

No  truck  team,  hack,  carriage  or  other  team  or 
vehicle  shall  be  placed  or  left  on  any  business  street 
in  said  city  by  any  person  longer  than  is  necessary  to 
accomplish  the  work  the  owner  or  driver  thereof  is  at 
the  time  engaged  in. 

Any  violation  of  the  foregoing  ordinance  shall  be 
punished  by  a  fine  not  exceeding  twenty  dollars. 

Passed  May  1,  1900. 

Approved,  FRANK  L.  WILSON, 

Mayor. 

Attest:  WM.  W.  BURLINGAME,  City  Clerk. 


OKDINANCES 


47 


In  the  year  of  our  Lord  nineteen  hundred. 

AN  ORDINANCE  in  relation  to  the  inspection  of  waste 
materials  in  the  streets  of  the  City  of  Berlin. 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin. 

No  person  shall  place  or  leave  on  any  street  in  said 
city  any  animal  or  vegetable  matter,  any  wooden  or 
metallic  substance,  or  other  material  in  any  form  what¬ 
ever. 

Any  violation  of  the  foregoing  ordinance  shall  be 
punished  by  a  fine  not  exceeding  twenty  dollars. 

Passed  May  1,  1900. 

Approved,  FRANK  L.  WILSON, 

Mayor. 

Attested:  WM.  W.  BURLINGAME,  City  Clerk. 


In  the  year  of  our  Lord  one  thousand  nine  hundred  and 
one. 

AN  ORDINANCE  in  relation  to  the  inspection  Hack¬ 
ney,  Carriages  and  Job  Teams. 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin  as  follows: 

Section  1.  The  City  Council  may  from  time  to  time, 
at  their  discretion,  grant  licenses  upon  such  terms  and 
to  such  persons  as  they  may  deem  expedient,  to  set  up. 


48 


CITY  OF  BEELIN 


employ,  or  use  hackney  carriages,  or  other  vehicles  for 
the  conveyance  of  persons  for  hire  from  place  to  place 
within  the  limits  of  the  city,  which  license  tnay  be 
revoked  at  any  time  for  any  violation  of  the  provi¬ 
sions  of  this  ordinance;  and  a  record  of  such  licenses 
shall  be  kept  by  the  City  Clerk. 

Sec.  2.  No  person  or  persons  shall  set  up,  employ,  or 
use  any  hackney  coach,  cab,  or  other  vehicle  for  the 
conveyance  of  passengers,  for  hire,  from  place  to  place 
within  the  limits  of  the  city,  without  a  license  from 
the  City  Council. 

Sec.  3.  Every  carriage  licensed  as  aforesaid  shall 
be  conspicuously  marked  with  the  number  assigned  to 
it  by  the  City  Council,  in  metallic  figures,  not  less  than 
one  and  a  half  inches  long,  and  the  name  of  the  owner, 
the  number  of  the  carriage,  and  the  rates  of  fare  duly 
established,  shall  be  conspicuously  posted  on  a  printed 
card  in  every  such  carriage. 

Sec.  4.  No  license  shall  be  sold,  transferred,  or  as¬ 
signed,  without  the  consent  of  the  City  Council,  and  no 
carriage  shall  be  driven  by  a  minor  under  the  age  of 
eighteen  years,  unless  he  be  especially  licensed  by  the 
City  Council. 

Sec.  5.  Every  person  licensed  according  to  the  pro¬ 
visions  of  this  chapter  shall  give  bonds,  with  sufficient 
surety  or  sureties,  to  be  approved  by  the  City  Council, 
in  such  sum  as  they  may  order,  conditioned  for  the 
safe  conveyance  of  passengers  and  their  baggage,  ac¬ 
cording  to  the  provisions  of  this  chapter. 


ORDINANCES 


49 


Sec.  6.  No  license  granted  as  aforesaid  shall  apply 
to  any  carriage,  owner,  or  driver,  except  the  particular 
one  designated  therein  by  its  number,  or  otherwise 
made  certain. 

See.  7.  The  City  Council  may  establish  the  fare  for 
the  conveyance  of  passengers  in  any  such  hackney  car¬ 
riage,  and  revise  or  change  the  same  at  pleasure;  and 
every  such  license  shall  expire  on  the  first  day  of  April 
next  after  the  date  thereof,  unless  previously  revoked. 

Sec.  8.  No  o'v^'^ler,  driver,  or  other  person  having 
charge  of  any  hackney  carriage,  for  the  conveyance  of 
passengers,  licensed  as  aforesaid,  shall  demand  or  re¬ 
ceive  a  higher  rate  of  fare  than  that  established  by  the 
City  Council. 

Sec.  9.  Every  person  licensed  agreeable  to  the  pro¬ 
visions  of  this  ordinance  shall  pay  for  said  license  the 
sum  of  two  dollars. 

Sec.  10.  Every  owner  of  carriages  licensed  as  afore¬ 
said  shall  be  responsible  for  the  acts  of  the  driver 
thereof,  and  any  person  licensed  as  aforesaid  who  shall 
violate  any  -of  the  provisions  of  this  ordinance,  or  any 
person  who  shall  set  up,  empoly  or  use  hackney  car¬ 
riages  for  the  conveyance  of  persons,  for  hire,  from 
place ‘to  place,  within  the  limits  of  the  city,  without 
license  shall  be  fined  not  exceeding  twenty  dollars  or 
be  imprisoned  not  exceeding  thirty  days. 


50 


CITl  OF  BEELIN 


Sec.  11.  No  person  or  persons  shall  set  up,  employ, 
or  use  any  job  team,  wagon  or  other  vehicle  for  the 
conveyance  of  goods,  wares,  merchandise  or  other  per¬ 
sonal  property,  for  hire,  from  place  to  place  within  the 
limits  of  the  city  without  first  obtaining,  for  each 
vehicle  so  used,  a  license  from  the  City  Council,  who 
shall  at  their  discretion  grant  such  license  upon  applica¬ 
tion,  under  such  restrictions  and  regulations  as  they 
may  prescribe,  and  they  shall  assign  to  each  vehicle  so 
licensed  a  number  and  a  record  of  such  license  shall 
be  kept  by  the  City  Clerk.  Every  person  obtaining 
such  a  license  shall  pay  therefor  the  sum  of  one  dollar 
for  the  use  of  the  city.  Such  license  may  be  revoked 
at  any  time  by  the  City  Council  for  any  violation  of 
the  provisions  of  this  section  or  of  the  rules  and  regula¬ 
tions  prescribed  by  the  City  Council.  Every  wagon 
or  other  vehicle  so  licensed  shall  be  conspicuously 
marked  with  a  number  assigned  to  it  by  the  City  Coun¬ 
cil  in  metallic  or  painted  figures,  and  the  name  of  the 
owner  shall  be  plainly  displayed  on  the  wagon  or  other 
vehicle. 

Sec.  12.  Any  person  who  shall  set  up,  employ,  or  use 
any  job  team,  wagon  or  other  vehicle  as  aforesaid  with¬ 
out  first  obtaining  a  license  as  aforesaid,  and  any  per¬ 
son  so  licensed  who  shall  violate  any  provisions  of  sec¬ 
tion  eleven  of  this  chapter  shall  be  fined  not  exceeding 
ten  dollars. 

Passed  November  6,  1901. 

Approved,  F.  M.  CLEMENT, 

Mayor. 

Attested:  WM.  W.  BUELINGAME,  City  Clerk. 


ORDINANCES 


51 


In  the  year  of  our  Lord  nineteen  hundred  and  two. 
AN  ORDINANCE  relating  to  Sidewalks. 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin,  as  follows: 

Section  1.  Whenever  any  owner  or  owners  of  land 
abutting  upon  any  street  or  highway  in  the  compact 
part  of  the  City  of  Berlin  shall  make  application  to  the 
City  Council  for  new  sidewalks  to  be  built  in  front  of 
or  adjoining  said  land,  and  the  City  Council  vote  to 
construct  them,  then  the  said  City  Council  shall  forth¬ 
with  proceed  to  complete  said  sidewalk  and  assess  upon 
the  abutting  owner  or  owners,  a  sum  equal  to  one- 
third  the  entire  expense  of  constructing  said  sidewalk 
or  sidewalks,  and  any  assessment  thus  made  shall  be 
valid  and  binding  upon  the  owners  of  such  land,  and 
shall  be  a  lien  thereon  for  one  year  after  the  same  shall 
have  been  made  and  notice  thereof  given  to  the  person 
assessed,  and  said  lands  may  be  sold  for  non-payment 
thereof  as  in  case  of  non-payment  of  taxes  on  resident 
lands.  The  land  owner  shall  have  the  same  right  of 
appeal,  with  the  same  procedure,  as  in  other  cases. 

Sec.  2.  Said  petition^  or  petitioners  shall,  as  a 
condition  to  the  granting' thereof  of  their  application, 
consider  their  signatures  to  said  petition  as  a  contract 
with  the  City  to  pay  their  assessment  of  one-third  the 
cost  for  building  and  maintaining  such  sidewalks. 

Sec.  3.  All  sidewalks  in  the  compact  part  of  the  city 
shall  be  kept  free  from  snow,  ice  and  dirt,  by  the 
abutting  owners  or  occupants  of  the  land  adjoining 
said  sidewalks. 


52 


CITY  OF  BEELIN 


Sec.  4.  Nothing  in  this  chapter  shall  be  construed 
as  making  it  obligatory  on  the  part  of  the  City  Council 
or  any  committee  or  agent  thereof,  to  furnish  and  build 
such  sidewalks;  and  no  petition  shall  be  granted  ujoless 
the  appropriation  for  such  purposes  is  sufficient  to  war¬ 
rant  the  expense  incident  thereto. 

Passed  January  7,  1902. 

DANIEL  J.  DALEY,  For  the  Committee 

F.  M.  CLEMENT, 

Mayor. 

Attest:  WM.  W.  BUELINGAME,  City  Clerk. 


AN  OEDINANCE  granting  location  and  construction 
of  the  Berlin  Street  Eailway  Co.  (as  amended  by  an 
ordinance  passed  December  9,  1902,  and  further 
amended  by  an  ordinance  passed  November  19,  1908.) 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin,  as  follows: 

The  following  location  is  ^*anted  to  the  Berlin  Street 
Eailway  Company  along  Main  |3treet,  in  the  City  of 
Berlin:  Beginning  at  the  plimping  station  of  the  Ber¬ 
lin  Water  Company,  the  track  of  said  Eailway  Com¬ 
pany  shall  run  along  the  Easterly  side  of  Main  Street 
as  close  to  the  limits  as  possible  to  a  point  near  the 
Berlin  Mills  Company's  store  at  that  point  the  track 
shall  swing  to  the  middle  of  the  street,  and  run  in 
th^  middle  of  the  street  a  short  distance  past  said 


ORDINANCES 


53 


Derlin  Mills  Company’s  store,  where  it  shall  swing 
again  to  the  extreme  Easterly  side  of  the  street  and  run 
along  said  extreme  Easterly  side  to  a  point  nearly  op- 
jiosite  the  William  Wilson  homestead.  Along  that  part 
of  the  street  between  said  Berlin  Mills  Company’s  store 
and  said  Wilson  homestead,  which  is  commonly  called 
^‘The  Narrows”  the  said  street  Railway  Company  shall 
widen  the  street  so  as  to  make  room  for  its  tracks  out¬ 
side  of  the  travelled  road,  as  the  same  now  exists,  for 
such  a  distance  as  shall  be  approved  by  the  Mayor  and 
Street  Commissioner.  At  said  point  nearly  opposite 
the  M^'iHiam  Wilson  homestead  said  track  shall  swing 
again  to  the  middle  of  the  street  ana  shall  run  along 
said  middle  of  the  street,  as  now  used,  to  Post-office 
Square,  where  it  shall  swing  again  to  the  extreme 
Easterly  side  of  the  street  and  run  along  said  Easterly 
side  of  the  street  to  a  point  just  below  C.  N.  Hodgdon ’s 
house;  the  street  to  be  widened  where  necessary  to 
make  said  street  a  safe  and  sufficient  thoroughfare  as 
the  Mayor  and  Street  Commissioner  may  direct.  At 
said  point  just  below  said  C.  N.  Hodgdon ’s  house  said 
track  shall  swing  to  the  extreme  Westerly  side  of  the 

street,  and  run  along  said  Westerly  side,  as  much  out 
of  the  travelled  portion  of  the  street  as  possible,  to 
the  Gorham  town  line.  But  if  said  Railway  Company 
or  other  persons  interested,  shall  apply  to  the  Mayor 
for  a  change  of  said  location  at  any  time  during  the 
building  of  said  road,  the  Mayor  may,  if  he  deems  best, 
make  such  change. 


54 


CITY  OF  BEELIN 


The  side  tracks  and  turn-outs  along  said  location, 
above  granted,  shall  be  located  at  such  points  as  shall 
be  consented  to  by  the  Mayor  and  Street  Commissioner. 

The  grade  shall  be  in  uniformity  with  the  present 
grade  of  the  street,  except  in  such  places  as  the  Mayor 
and  the  Street  Commissioner  may  direct  it  to  be  cut  or 
filled  in  anticipation  of  future  improvements;  ex¬ 
cept  that  said  Eailway  Company  may,  with  the  consent 
of  the  Mayor  and  Street  Commissioner,  cut  or  raise  the 
grade  at  other  places  along  its  location  than  those 
where  they  are  directed  to,  but  at  all  such  places  where 
the  grade  is  thus  cut  or  lowered  with  the  consent  or  ac¬ 
quiescence  of  the  Mayor  and  Street  Commissioner,  but 
not  by  their  direction  said  Eailway  Company  shall  at 
its  own  expense  forthwith  cut  or  fill  the  grade  of  the 
street  to  a  level  with  the  track  as  laid;  and  if  it  shall 
fail  or  neglect  to  do  so,  the  said  City  may  do  said  cut¬ 
ting  or  filling  and  said  Eailway  Company  shall  reim¬ 
burse  it  for  all  the  expense  of  so  doing.  The  rails  shall 
be  laid  on  a  level  with  the  street  grade. 

Wherever  there  is  a  liability  that  surface  water  will 
collect  or  be  obstructed  on  account  of  the  construction 
of  the  track,  or  tracks '  of  said  Eailway  Company  or 
wherever  it  is  so  collected  or  obstructed  hereafter  by 
said  track,  or  tracks,  said  Company  shall  at  its 
own  expense  construct  such  drains  and  culverts,  or  take 
such  measures  to  divert  such  water  as  the  Street  Com¬ 
missioner  shall  direct. 


ORDINANCES 


55 


Tlie  poles  and  posts  necessarily  used  in  the  construc¬ 
tion  of  said  railway  and  in  the  proper  maintenance  of 
the  same,  shall  be  approved  by  the  Mayor  and  Street 
Commissioner,  and  in  the  business  portion  of  said  Main 
Street,  said  poles  shall  be  round,  straight,  hard  chest¬ 
nut,  free  from  bunches  and  bark  and  shall  be  painted 
a  uniform  color  to  be  determined  upon  by  the  City  En¬ 
gineer.  And  all  of  said  poles  shall  be  placed  in  the 
edge  of  the  sidewalk,  outside  that  part  or  part  of  the 
street  used  by  vehicles,  as  the  electric  light  poles  are 
now  placed. 

• 

Trolley  wires,  feed  wires  and  all  other  wires  shall  be 
maintained  not  less  than  eighteen  (18)  feet  above  the 
grade  of  the  rail  and  guard  wdres  shall  be  placed  over 
said  trolley  wire  whenever  the  Mayor  and  Council  may 
from  time  to  time  so  order. 

If  the  style  of  rails  used  by  said  Railway  Company 
shall  hereafter  prove  unsatisfactory  to  the  Mayor  and 
Council,  the  said  Railway  Company  shall,  upon  six  (6) 
months’  notice  from  the  Mayor  and  Council,  put  in 
rails  known  as  the  Girder  rails,  or  such  other  rails  as 
the  Mayor  and  Council  may  direct. 

The  said  Railway  Company  shall  at  its  own  expense 
clear  the  snow  from  the  tracks,  and  shall  not,  except 
with  the  consent  of  the  Street  Commissioner,  deposit  it 
in  the  Street  along-side  the  track,  but  shall  draw  the 
same  away,  and  if  the  removal  of  said  snow  from  said 
railway  track  shall  render  the  street  so  uneven,  incon¬ 
venient,  or  dangerous;  as  to  necessitate  the  removal  of 


56 


CITY  OF  BERLIN 


snow  from  portions  of  the  street  not  covered  by  said 
tracks,  said  railway  company  shall  also  at  its  own  ex¬ 
pense  remove  said  snow  at  the  direction  of  the  Street 
Commissioner. 

Said  Railway  Company  shall  not,  between  the  pump¬ 
ing  station  above  mentioned  and  said  Wilson  home¬ 
stead,  run  its  cars  at  a  greater  rate  of  speed  than  ten 
miles  an  hour;  and  between  said  Wilson  homestead  and 
Post-office  Square,  it  shall  not  run  at  a  greater  rate 
of  speed  than  six  miles  an  hour;  and  from  said  Post- 
office  Square  tn  a  point  near  the  transformer  station 
of  the  Cascade  Electric  Light  and  Power  Company,  it 
shall  not  run  its  cars  at  a  greater  rate  of  speed  than 
ten  miles  an  hour. 

If  at  any  time  it  shall  be  necessary,  in  the  laying  of 
sewer  pipes  or  water  mains,  or  other  under-ground  con¬ 
structions,  or  in  the  laying  out  and  making  of  new 
streets,  or  in  the  doing  of  any  public  work,  temporarily 
to  remove  any  of  the  tracks,  or  appurtenances  of  said 
Railway  Company,  said  Railway  Company  shall  at  the 
request  of  the '  Mayor  and  Street  or  Sewer  Commis¬ 
sioner,  and  at  its  own  expense,  remove  said  tracks  and 
appurtenances,  and,  if  it  shall  delay  such  removal,  the 
said  City  may  remove  the  same  and  the  expense  of  such 
removal  shall  be  repaid  to  it  by  said  Railway  Company. 

Said  Railway  Com^pany  shall  save  said  City  harmless 
from  all  loss,  costs,  damage  and  expense  in  consequence 
of,  or  in  any  way  arising  out  of  the  construction,  main¬ 
tenance  and  operation  of  said  railway;  and  said  Rail- 


ORDINANCES 


way  Company  shall  leave  all  of-  the  streets  in  which  it 
shall  construct  its  tracks  in  as  good  condition  as  the 
same  were  before  the  construction  of  said  tracks,  and 
if  it  shall  fail  or  neglect  so  to  do,  said  City  may  itself 
put  the  same  into  such  condition,  and  the  said  Rail¬ 
way  Company  shall  repay  and  reimburse  it  for  all  the 
expense  of  so  doing.  And  under  no  circumstances  shall 
said  Railway  Company  ever  have  or  maintain  any  claim 

against  said  City  on  account  of  any  interference  with 
said  Railw'ay,  its  tracks,  appurtenances,  or  traffic, 

which  shall  be  rendered  necessary  by  the  construction 
or  maintenance  of  any  public  work. 

The  foregoing  requirements  and  provisions  are  in  the 
nature  of  restrictions,  subject  to  which  said  location 
is  granted,  and  all  of  said  restrictions  are  made  strictly 
the  conditions  of  said  grant,  and  said  Railway  Com¬ 
pany  shall  not  build  its  tracks  upon,  nor  operate  its  line 
of  railway  along  any  portion  of  said  location, 
except  upon  a  full  and  complete  acceptance  of  said 
conditions  and  restrictions,  and  such  building  or  opera¬ 
tion  by  said  Railw'ay  Company  shall  have  the  effect  of, 
and  shall  be  a  complete  assent  to,  and  acceptance  of, 
said  restrictions  and  conditions. 

Passed  May  14,  1902. 

Approved,  JOHN  B.  GILBERT, 

Mayor. 


Attest:  W.  A.  BOOTHBY,  Citv  Clerk. 

7 


CITY  OF  BEELIN 


58  ' 

In  the  year  of  our  Lord,  one  thousand  nine  hundred  and 
two. 

AN  OEDINANCE  relating  to  animals  running  at  large 
in  the  City  of  Berlin. 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin  as  follows: 

Section  1.  No  person  shall  permit  or  allow  his  swine, 
neat  cattle,  horses,  sheep  or  other  creatures  to  be  at 
large  upon  any  of  the  streets  of  the  City  of  Berlin. 

See.  2.  Any  person  violating  the  foregoing  section 
shall  be  punished  by  a  fine  not  exceeding  twenty 
dollars  ($20.00),  or  by  imprisonment  not  exceeding 
sixty  (60)  days. 

Passed  June  6,  1902. 

Approved,  JOHN  B.  GILBEET, 

Mayor. 

Attest:  W.  A.  BOOTHBY,  City  Clerk. 


In  the  year  of  our  Lord  one  thousand  nine  hundred  and 
two. 

9 

AN  OEDINANCE  in  relation  to  muzzling  vicious  dogs. 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin  as  follows: 

No  person  who  is  the  owner  of  a  dangerous  or  vicious 
dog  shall  suffer  the  same  to  run  at  large  within  the 
city  limits  unmuzzled;  and  any  owner  or  keeper  of  a 


ORDINANCES 


59 


dangerous  or  vicious  dog  who  shall  suffer  the  same  to 
run  at  large  unmuzzled,  after  being  directed  by  the 
City  Marshal  to  cause  the  same  to  be  muzzled,  shall 
be  punished  by  a  fine  not  exceeding  twenty  dollars. 

Passed  August  5th,  1902. 

Approved,  JOHN  B.  GILBERT, 

Mayor. 

Attest:  W.  A.  BOOTHBY,  City  Clerk. 


In  the  year  of  our  Lord  one  thousand  nine  hundred  and 
three. 

AN  ORDINANCE  in  relation  to  the  use  of  sleighs  and 
sleds  upon  public  streets. 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin  as  follows: 

Section  1.  No  person  shall,  either  by  himself  or 
agent,  drive  any  sleigh,  sled  or  vehicle  upon  runners  of 
any  description  upon  any  public  street  within  the 
limits  of  the  City  of  Berlin,  without  having -attached  to 
the  same,  or  to  the  horses  or  other  aminals  drawing 
the  same,  such  number  of  bells  as  shall  give  suitable 
W'arning  of  the  approach  of  said  vehicle  to  the  persons 
who  may  be  using  said  street. 

Sec.  2.  Any  violation  of  the  provisions  of  this  or¬ 
dinance  shall  be  punished  by  a  fine  not  exceeding  ten 
dollars. 


60 


CITY  OF  BEELIN 


Sec.  3.  This  ordinance  shall  take  effect .  from  its 
passage. 

Passed  February  3,  1903. 

JOHN  B.  GILBEET, 

Mayor. 

Attest:  W.  A.  BOOTHBY,  City  Clerk. 


In  the  year  of  our  Lord  one  thousand  nine  hundred  and 
three. 

AN  OEDINANCE  relating  to  the  licensing  of  Employ¬ 
ment  Offices. 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin  as  follows: 

Section  1.  All  licenses  granted  to  keepers. of  Intelli¬ 
gence  Offices  under  the  provisions  of  an  Act  passed  by 
the  Legislature  of  1901,  approved  March  7th,  1901, 
entitled  ‘  ‘  An  Act  to  regulate  Employment  Offices,  ’  ’ 
shall  be  signed  by  the  City  Clerk,  and  shall  be  recorded 
by  him  in  a  book  kept  for  that  purpose  before  being 
delivered  to  the  licensee.  Such  licenses  shall  set  forth 
the  name  of  the  person  licensed,  the  nature  of  the 
business,  and  the  building  or  place  in  which  it  is  ^to 

be  carried  on,  and  shall  continue  in  force  until  the 

• 

first  day  of  May  next,  ensuing,  unless  sooner  revoked. 

Sec.  2.  The  license  fee  shall  be  ten  dallors  ($10) 
and  shall  be  paid  to  the  City  Clerk  before  the  license 
is  issued.  , 


ORDINANCES 


61 


Sec.  3.  This  ordinance  shall  take  effect  upon  its 


passage. 

Passed  May  5,  1903. 

Approved,  JOHN  B.  GILBERT, 

Mayor. 

Attest:  W.  A.  BOOTHBY,  City  Clerk.' 


In  the  year  of  our  Lord  one  thousand  nine  hundred  and 
three. 

AN  ORDINANCE  relating  to  the  use  of  the  public 
streets. 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin  as  follows: 

Section  1.  It  shall  not  be  lawful  for  any  person  to 
move  any  building  into,  along  or  across  any  street  in 
the  City  of  Berlin,  unless  he  shall  first  obtain  from 
the  City  Council  a  written  permit  therefor. 

No  permit  shall  be  granted  by  the  City  Council  to 
any  person  to  move  any  building  into,  along  or  across 
Main  Street,  nor  any  other  street  when  by  so  doing 
the  public  service  furnished  by  railroads,  telegraph, 
telephone  or  electric  light  companies  shall  be  unrea¬ 
sonably  interferred  with. 

It  shall  be  a  condition  of  every  such  permit  to  move 
any  building  into,  along  or  across  any  street  that  the 


62 


CITY  OF  BERLIN 


person  obtaining  the  same  shall  be  liable  anji  he  shall 
agree  to  become  liable  for  all  damages  that  may  be 
caused  by  the  moving  of  such  building,  and  the  City 
Council  shall  before  granting  such  permit  be  satisfied 
that  the  person  applying  for  the  same  is  financially 
able  to  pay  any  and  all  damages  that  may  be  caused 
to  the  City  of  Berlin,  or  to  any  person  by  moving  such 
building  in  accordance  with  such  permit. 

Sec.  2.  Any  person  convicted  of  a  violation  of  Sec¬ 
tion  1  of  this  ordinance  shall  be  fined  not  more  than  ten 
dollars  $10),  or  may  be  imprisoned  not  more  than  sixty 
days. 

Sec.  3.  This  ordinance  shall  take  effect  upon  its 
passage. 

Passed  May  14th,  1903. 

Approved,  JOHN  B.  GILBERT, 

Mayor. 

Attest:  W.  A.  BOOTHBY,  City  Clerk. 


In  the  year  of  our  Lord  one  thousand  nine  hundred 
and  four. 

AN  ORDINANCE  compelling  attendance  at  school  by 
children  between  the  ages  of  six  and  sixteen  years. 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin  as  follows: 


ORDINANCES 


C3 


Section  '1.  Any  child  in  this  district  between  the 
ages  of  six  and  sixteen  years,  without  a  regular  and 
lawful  occupation,  who  shall,  except  in  case  of  ill 
health,  be  abserft  from  school  for  more  than  one  day 
during  the  space  of  any  one  month,  unless  excused  by 
the  School  Board,  shall  be  fined  not  exceeding  ten  dol¬ 
lars  for  each  offence. 

Passed  March  1st,  1904. 

Approved,  JOHN  B.  GILBERT, 

Mayor. 

Attest:  W.  A.  BOOTHBY,  City  Clerk. 


In  the  year  of  our  Lord  one  thousand  nine  hundred  and 
six. 

AN  ORDINANCE  to  prohibit  minors  under  sixteen 
years  of  age  from  loitering  on  the  streets  of  Berlin 
after  eight  o’clock  at  night. 

Be  it  Ordained  by  the  City  Council  of  the  City. of  Ber¬ 
lin  as  follows: 

Section  1.  No  minor  under  sixteen  years  of  age  shall 
without  a  good  excuse,  be  allowed  to  remain  on  the 
streets  of  said  Berlin  after  eight  o  ’clock  at  night,  un¬ 
less  accompanied  by  parent  or  guardian. 

Sec.  2.  Any  minor  violating  this  ordinance  shall  be 
fined  not  exceeding  ten  dollars  ($10.00.) 

Passed  Jaunary  2nd,  1906. 

Approved,  G.  E.  HUTCHINS,. 

Mayor. 

Attest:  M.  E.  YOUNG,  City  Clerk. 


64 


CITY  OF  BERLIN 


In  the  year  of  our  Lord  one  thousand  nine  hundred  and 
six. 

AN  ORDINANCE  relating  to  Milk  Dealers. 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin  as  follows: 

Section  1.  Provisions  of  Sections  1,  2,  3,  4,  5,  6,  7, 
8,  9,  10  and  11  of  Chapter  127  of  the  Public  Statutes 
of  New  Hampshire  are  hereby  adopted  to  be  in  force 
in  the  City  of  Berlin. 

Section  2.  The  following  is  added  thereto:  The  fee 
for  each  license  granted  shall  be  fifty  cents  for  each 
year,  or  in  same  proportion  for  any  fractional  part 
thereof. 

Sec.  3.  This  ordinance  shall  take  effect  upon  its 
passage. 

Passed  June  5th,  1906. 

Approved,  G.  E.  HUTCHINS, 

Mayor. 

Attest:  G.  WERTHEIM,  Deputy  City  Clerk. 


In  the  year  of  our  Lord  one  thousand  nine  hundred  and 
eight. 

AN  ORDINANCE  relating  to  the  erection  and  main- 
tainance  of  telegraph,  electric,  telephone,  street  rail¬ 
way,  and  all  other  poles  within  said  City  of  Berlin. 


ORDINANCES 


...  ‘i>'i  Or 


Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber-^. 

lin  as  follows: 

Section  1.  All  telegraph,  electric  light,  telephone, 
street  railway  and  all  other  poles  now  or  which  may  “ 
hereafter  be  erected  upon  any  street,  alley,  lane,  avenue 
or  highway  within  the  limits  of  said  city  shall  be 
round,  perfectly  straight,  free  from  bunches  and  bark, 
and  shall  be  painted  a  uniform  color,  to  be  determined 
ui)on  by  the  City  Engineer.  All  poles  now  standing 
within  the  limits  of  said  City  shall  be  painted  within 
thirty  days  of  the  passage  of  this  ordinance. 

Sec.  2.  No  person,  corporation,  or  company  shall 
erect  a  pole  or  poles  upon  any  street,  highway,  avenue, 
alley  or  lane  within  the  limits  of  said  City,  without 
first  obtaining  a  permit  from  the  City  Council,  and 
such  pole  or  poles  shall  be  erected  under  the  supervi¬ 
sion  of  the  City  Engineer,  and  shall  be  painted  within 
fifteen  days  of  such  erection. 


Sec.  3.  Any  person,  company  or  corporation  violat¬ 
ing  any  of  the  provisions  of  the  foregoing  ordinance 
shall  be  punished  by  a  fine  not  exceeding  twenty  ($20) 
dollars  for  each  offense.  . 

Section  4.  All  ordinances  or  parts  of  ordinances  in¬ 
consistent  with  this  are  hereby  repealed. 

Passed  November  19,  1908. 

Approved,  F.  D.  BARTLETT, 

Mayor. 


Attest:  P.  J.  SMYTH,  City  Clerk. 


66 


CITY  OF  BERLIN 


In  the  year  of  our  Lord  one  thousand  nine  hundred'  and 
eight. 

AN  ORDINANCE  relating  to  the  collection  of  taxes 
of  the  said  City  of  Berlin. 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin  as  follows: 

Section  1.  On  the  fifteenth  day  of  December,  1908, 
and  on  said  date  during  every  year  thereafter,  the  tax 
collector  of  the  said  City  shall  furnish  to  the  City 
Solicitor  of  the  said  City,  a  full  and  complete  list  of  all 
delinquent  taxpayers,  both  poll  and  real  estate. 

Sec.  2.  Upon  receipt  of  such  list,  it  shall  be  the  duty 
of  the  City  Solicitor  to  notify  by  mail  all  persons, 
companies  or  corporations  in  arrears. 

Sec.  3.  Said  City  Solicitor  shall  receive  as  com¬ 
pensation  for  such  special  work,  a  sum  not  to  exceed 
twenty-five  dollars  with  necessary  postage  and  sta¬ 
tionery. 

Sec.  4.  This  ordinance  ’  shall  take  effect '  upon  its 
passage. 

Passed  November  27,  1908. 

'  Approved,  F.  D.  BARTLETT, 

Mayor. 


Attest:  P.  J.  SMYTH,  City  Clerk. 


Ill  yt 

ORDINANCES  I'UlHi/ 

i  .  i> 

In  the  year  of  our  Lord  one  thousand  nine  hundred  and 

ft' 

nine. 

AN  ORDINANCE  relating  to'  public  streets,  billard 
and  pool  rooms  in  said  City  of  Berlin. 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin  as  follows: 

Section  1.  * 

--  Sec.  2.  * 

Sec.  3.  No  person  shall  stand  or  loaf  upon  any 
bridge,  street  corner,  sidewalk  or  other  public  way  to 
the  annoyance  of  others. 

Sec.  4.  Any  violation  of  the  above  provisions  shall 
.be  punished  by^  a  fine  not  exceeding  twenty  ($20)  dol¬ 
lars. 

Sec.  5.  Air  ordinances  or  part  of  ordinances  incon- 
•sistent  with  this  ordinance  are  hereby  repealed. 

Passed  March  25,  1909. 

Approved,  F.  D.  BARTLETT, 

Mayor. 

Attest:  P.  J.  SMYTH,*  City  Clerk. 


(*  repealed) 


i  f.i  i  •'■i  , 

^  i68; :  \  i  i  ^  ■  CITY  OF  BEELIN 

i  lu^tlie  'year  of  our  Lord  one  thousand  nine  hundred  and 
nine. 

AN  ORDINANCE  relating  to  the  lieensiug  of  shows 
and  exhibitions. 

Be  it  Ordained  by  the  Mayor  and  Council  of  the  City 
of  Berlin  as  follows: 

Section  1.  No  showman,  tumbler,  rope  dancer,  ven¬ 
triloquist,  or  other  person  shall  for  pay  exhibit  any 
feats  of  agilty  or  horsemanship,  or  slight  of  hand, 
rope  dancing  or  feats  of  cards,  or  any  animals,  wax 
figures,  puppets,  or  other  show  or  shall  perform,  or  ex¬ 
hibit  any  theatrical  or  dramatic  representation  in  this 
City,  nor  give  any  musical  perfornu^nce  or  exhibition 
of  singing  or  dancing  or  other  exhibition  or  amusement 
of  any  kind  with  or  without  pay  unless  a  license  or 
permit  thereof  in  writing,  specifying  the  time  and 
object  for  which  such  license  was  granted,  shall  first  be 
obtained  from  the  Mayor  and  City  Clerk,  or  in  the  ab- 
scence  of  the  Mayor,  the  City  Solicitor. 

Sec.  2.  Every  such  person  shall  pay  for  such  license 
for  the  use  of  the  City  the  following  sums:  For  each 
circus  or  show  where  feats  of  agility,  horsemanship, 
slight  of  hand  or  rope  dancing  are  performed  and  for 
manegeries  where  wild  beasts  are  exhibited,  the  sum 
of  not  less  than  fifty  dollars  ($50.00)  for  each  band, 
or  troupe  or  company  of  minsfrrels  or  comedians,  and 
for  all  other  theatrical  and  dramatic  exhibition,  and  for 
each  show  where  feats  or  ventriloquism,  slight  of  hand 


ORDINANCES 


69 


or  jugglery  are  performed,  and  for  each  panorama, 
mirror,  stereoscopic,  moving  pictures  or  other  views, 
the  sum  of  not  m.ore  than  five  dollars  and  not  less 
than  one  dollar  for  each  exhibition;  for  each  and  all 
other  shows,  exhibitions,  concerts  or  performances  the 
Mayor  and  City  Clerk  shall  fix  the  amount  to  be  paid 
as  license  not  less  than  one  dollar  and  not  more  than 
five  dollars,  and  in  the  absence  of  the  Mayor  the  City 
Clerk  and'  City  Solicitor  shall  fix  the  amount  to  be  paid 
as  a  license. 

Sec.  3.  Theatres  or  places  of  amusement  of  a  per¬ 
manent  character  may  be  licensed  for  a  period  of. 
twelve  months  from  the  first  day  of  May  of  each  year. 
The  sum  of  such  yearly  license  shall  be  one  hundred 
dollars,  payable  six  months  in  advance.  This  license 
shall  designate  the  location  of  said  theatre  or  place  of 
amusement,  be  made  in  the  name  of  the  proprietor  or 
proprietors  thereof,  and  shall  not  be  transferrable. 

Sec.  4.  All  halls,  theatres  or  places  of  amusements 
must  be  properly  equipped  and  constructed  under  the 
direction  of  the  Chief  of  the  Fire  Department  of  the 
City,  and  the  application  for  license  therefor  be  ac¬ 
companied  by  their  recommendation  and  approval. 

Sec.  5.  If  any  person  holding  a  license  shall  desire 
to  transfer  to  and  carry  on  such  business  in  other 
premises  in  said  City  than  those  designated  in  the  ori¬ 
ginal  application  and  in  the  license,  upon  the  making 
and  filling  of  a  new  application  said  Board  shall  grant 
the  same,  subject  to  the  same  regulations  qnd  require¬ 
ments  as  governed  the  original  license. 


70 


CITY  OF  BEELIN 


Sec.  6.  At  any  time  after  a  license  has  been  issued 
to  any  person  the  same  may  be  revoked  and  cancelled 
by  said  licensing  board  if  the  performances  shall  vio¬ 
late  any  of  the  criminal  or  moral  statutes  or  ordinances, 
be  conducted  in  a  building  which  does  not  conform 
with  the  fire  statutes,  ordinances,  or  regulatins  of  Fire 
Warden,  or  the  place  licensed  be  used  for  criminal  or 
immoral  purposes.  But  before  any  license  is  revoked 
or  cancelled  the  holder  shall  be  entitled  to  a  hearing  by 
said  licensing  board  and  to  five  days  previous  notice 
thereof  in  writing,  except  that  licenses  of  ar temporary 
character  may  be  revoked  at  any  time  by' said  .Idcfens-t 
ing  board  without  notice  inv  their  descretion.  v 

Sec.  7.  The  Mayor  may-  at  any  time  appoint  a-  com- 
mittee  of  the  Cityv  Council  to  enter  on  the  premises 
licensed  under  this  ordinance  at  reasonable  time  to  as¬ 
certain  the  manner,  in  which,  said  license  is  exercised. 

Sec.  8.  All  licfehses' or  revocations  thereof  shall  be 
subject  to  the  ratification  by  the  City  Council  of  the 
City'  of  Berlin. 

Sec.  9.  All  concerts, "shows," exhibitions  or  perform¬ 
ances  originating  in  this  city,  and  of  a  purely  local 
character,  shall  be  exempt  from  license  or  tax. 

Section  10.  If  any  'person  shall  violate  any  of  the 
provisions  of  this  character,  he  or  she  shall,  for  every 
offense, ‘be  punished  by  a  fine  not  exceeding  fifty  dol--! 
lars,;.nor  less  than  fifteen  dollars. 


ordina:n'ces 


71 


Sec.  11.  'All  -ordinances  or  parts  of  ordinances  in¬ 
consistent  with  this  ordinance  are  hereby  repealed. 

Passed  May  6,  1909. 

Approved,  F.  D.  BARTLETT, 

Mayor.  ^  • 

Attest:  P.  J,  SMYTH,  City  Clerk. 


In  the  year  of  ouf  Lord  one  thousand  nine  hundred  and 
nine. 

AN  ORDINANCE  regulating  the  sale  and  care  of  milk. 
Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin  as  follows: 

Section  1.  .  The'  condition  under  which  every  cow  is 
kept  whose  milk  is  sold  or  exposed  for  sale  in  the  City 
of  Berlin  shall  be  made  known  to  the  Board  of  Health 
if  said  Board  «hall  deem  it  necessary. 

Sec.  2.  No  milk  shall  be  sold  or  offered' for  sale  un¬ 
less  the  cow  is  free  from  disease  dangerous  to  the 
public  health. 

Sec.  3.  No  ‘milk  kept  for  s^ale  shall  be  stored,’ 
strained,  cooled  or  mixed  in  any  room  used  in  wdiole  or 
in  part  for  sleeping  purposes  or  for  the  stabling  of 
horses  or  cattle  or  other  animals  or  for  the  storage  of 
manure,  offal  or  other  offensive  matter. 


72 


CITY  OF  BEELIN 


Sec.  4.  All  rooms  in  which  milk  is  stored,  cooled, 
strained  or  mixed  shall  be  kept  constantly  clean. 
Proper  apparatus  shall  be  provided  for  washing  or 
sterilizing  all  utensils  used  in  handling  milk  and  such 
utensils  shall  be  washed  with  boiling  water  or  sterlized 
with  steam  after  being  so  used. 

Sec.  5.  No  urinal,  water  closet  or  privy  shall  be  lo¬ 
cated  in  the  rooms  mentioned  in  the  preceeding  sec¬ 
tions,  or  so  situated  as  to  pullute  the  atmosphere  of 
said  rooms.  * 

Sec.  6.  All  milk  produced  for  the  purpose  of  sale 
shall  be  strained  and  cooled  as  soon  as  it  is  drawn  from 
the  cow. 

Sec.  7.  Milk  kept  for  sale  shall  at  all  times  register 
on  test  a  temperature  not  higher  than  50  degrees 
Fahrenheit,  and  shall  be  stored  in  a  covered  cooler,  box 
or  refrigerator. 

Sec.  8.  All  cans,  bottles  or  other  vessels  of  any  sort 
used  in  the  sale  or  handling  of  milk  shall  be  cleaned 
or  sterlized  before  they  are  used  again  for  the  same 
purpose. 

Sec.  9.  N.o  person  shall  use  a  milk  vessel  as  a  con¬ 
tainer  for  any  substance  other  than  milk. 

Sec.  10.  Every  person  engaged  in  the  production, 
storage,  transportation,  sale,  delivery  or  distribution 
of  milk  immediately  on  the  occurence  of  any  case  or 
cases  of  infectious  diseases,  either  in  himself  or  in  the 


ORDINANCES 


73 


family  or  amongst  his  employees  or  their  immediate 
associates  or  winthin  any  building  or  premises  where 
milk  is  stored,  sold  or  distributed,  shall  notify  the 
Health  Officer. 

See.  11.  No  person  having  an  infectious  disease  or 
having  recently  been  in  contact  with  a  person  having  an 
infectious  disease  shall  milk  or  handle  cows,  measures 
or  other  vessels  used  for  milk  intended  for  sale  or  in 
any  way  take  part  or  assist  in  handling  milk  intended 
for  sale  until  all  danger  of  communicating  such  disease 
to  other  persons  shall  have  passed. 

Sec.  12.  No  vessels  which  have  been  handled  by  per¬ 
sons  suffiering  from  such  an  infectious  disease  shall  be 
used  to  hold  or  convey  milk  until  they  have  been  thor¬ 
oughly  sterilized. 

Sec.  13.  No  bottle,  can  or  receptacle  used  for  the 
reception  or  storage  of  milk  shall  be  removed  from  a 
private  house,  apartment  or  tenement  wherein  a  person 
has  an  infectious  disease. 

Sec.  14.  No  person,  by  himself  or  by  his  servant  or 
agent  or  as  the  servant  or  agent  of  any  other  person, 
firm,  or  corporation  shall  bring  into  the  City  of  Berlin 
for  the  purpose  of  sale,  exchange  or  delivery,  or  sell, 
exchange  or  deliver  any  milk,  skimmed  milk  or  cream 
which  contain  500,000  bacteria  per  cubic  centimeter  or 
which  has  a  temperature  higher  than  fifty  degrees 
Fahrenheit. 


74  7' 


CITY  OF  BERLIN  " 


Sec.  15.  The  Board  of  Health  shall  keep  a  record  of 
all  inspections  made  under  or  by  virtue  of  this  ordin¬ 
ance  and  of  the  results  of  such  inspections;  and  shall 
make  a  report  each  month  to  the  City  Council  showing 
all  inspections  made,  and  the  results  of  such  inspec- 
tionfe,  during  the  preceeding  month. 

Sec.  16.  Whoever  violates  the  above  regulations  is 
liable  to  a  fine  not  exceeding  ten  ($10)  dollars. 

Sec.  17.  All  ordinances  or  part  of  ordinances  incon-  " 
sistent  with  this  ordinance  are  hereby  repealed  and  this 
ordinance  shall  take  effect  upon  its  passage. 

Passed  October  28,  1909. 

Approved,  F.  B.' BARTLETT, 

Mayor.  ... 

Attest:  P.  J.  SMYTH,  City  Clerk. 


In  the  year  of  our  Lord  one  thousand  nine  hundred  and 
nine. 

AN  ORDINANCE  adopting  the  provisions  of  Chapter 
124  of  the  Public  Statutes  and  Chapters  76  of  the 
Session  Laws  of  1905  'as  amended:  by  an  Act  ap¬ 
proved  March  22nd,  1907,  entitled  ‘‘An  Act  in 
amendment  of  Chapter  124  of  the  Public  Statutes 
(as  amended  by  Chapter  76,  Session  Laws  of  1905)' 
relating  to  the  dealers  in  old  metals.  7’ 


ORDINANCES 


75 

Be  it  Ordained'  by  the  City  Council  of  the  City  of  Ber¬ 
lin  as  follows: 

Section  1.  The  provisions  of  Chapter  124  of  the 
Public  Statutes  and .  Chapter  76  of  the  Session  Laws 
of  1905,  as  amended  by  an  act  of  the  legislature  ap¬ 
proved  March  22,  1907,  entitled  ‘^An  Act  in  amend¬ 
ment  of  Chaj)ter  124  of  the  Public  .  Statutes,  (as 
amended  by  Chapteur  76,  Session  Lawsr.of.  lOOS)”  re¬ 
lating  to  dealers  in  old  metals”  are  hereby  adopted  to 
be  in  force  in  the  City  of  Berlin. 

Sec. '2.  The 'fees  for  each  dieense  granted  shall  be 
ten  dollars  per  year  or  any . fractional. part,  thereof. 

Section  3.  All  ordinances  or  parts  of  ordinances  in¬ 
consistent  with  this  are  hereby  repealed;  and  this  Ordin¬ 
ance  shall  take  .effect  upon  its  passage...  j 
Passed  November  18,  1909.'';; 

Approved,  P.  D.  BARTLETT, 

Mayor. 

;  Attest:  P.  J.  SMYTH,' City  Clerk. 


MEMORANDUM 

The  following  sections  of  an  ordinance  passed  Novem¬ 
ber  6th,  1901,  entitled  ‘‘AN  ORDINANCE  relating  to 
junk^ealers”  being  unrepealed  by  the  above  ordin¬ 
ance,  are  still  in  force. 


7G 


CITY  OF  BERLIN 


Section  4.  Every  person  to  whom  a  license  has  been 
granted  shall  apply  for  the  same  to  the  City  Clerk. 
Every  license  shall  be  conspiciously  displayed  upon  the 
hat  of  the  licensee. 

Sec.  5.  The  City  Clerk,  after  every  issuance  of  a 
license,  shall  send  a  record  of  the  same  to  the  City 
Marshal  containing  the  name,  residence  and  number 
of  the  licensee. 


In  the  year  of  our  Lord  one  thousand  nine  hundred  and 
twelve. 

AN  ORDINANCE  relating  to  pawnbrokers. 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin  as  follows: 

Section  1.  That  sections  one,  two,  three,  four,  five, 
six,  seven,  eight,  nine  and  ten  of  Chapter  129  of  the 
Session  Laws  of  1909,  State  of  New  Hampshire,  be  and 
hereby  are  adopted  to  be  in  force  in  said  City  of 
Berlin. 

Sec.  2.  All  ordinances  and  parts  of  ordinances  incon¬ 
sistent  with  this  are  hereby  repealed. 

Section  3.  This  ordinance  shall  take  effect  upon  its 
passage. 

Passed  February  29,  1912. 

Approved,  DANIEL  J.  DALEY, 

Mayor. 


Attest:  P.  J.  SMYTH,  City  Clerk. 


ORDINANCES 


77 


In  the  year  of  our  Lord  one  thousand  nine  hundred  and 
twelve. 

AN  ORDINANCE  to  prevent  the  keeping  of  swine  in 
the  compact  part  of  the  city. 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin  as  follows: 

Section  1.  No  person,  firm  or  corporation  shall  keep 
any  pigs  or  hogs  within  the  compact  part  of  the  city. 

Sec.  2.  The  compact  part  of  the  City  shall  mean  any 
part  of  the  city  where  the  houses  are  situated  within 
a  distance  of  two  hundred  feet  of  one  another. 

Sec.  3.  Any  violation  of  the  provisions  of  this  or¬ 
dinance  shall  be  punished  by  a  fine  not  exceeding  ten 
dollars  ($10.00)  for  each  offense. 

Sec.  4.  This  ordinance  shall  take  effect  upon  its 
passage. 

Passed  April  25,  1912. 

Approved,  JOHN  T.  MORAN, 
Acting  Mayor. 

Attest:  P.  J.  SMYTH,  City  Clerk. 


In  the  year  of  our  Lord  one  thousand  nine  hundred  and 
thirteen. 

AN  ODRINANCE  establishing  a  new  fire  district,  and 
relating  to  the  construction  and  repair  of  buildings 
in  the  City  of  Berlin,  N.  H. 


78 


CITY  OF'BEELIN 


Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin  as  follows: 

Section  l.>-«  For  the  purpose  of  preventing  excessive 
damage  by  fire  in  said  City^  a  fire  district  is  hereby  es- 
^-tablished,  described  as  follows: 

Beginning  at  a  point  on  the  Railroad  Track  known  as 
the  Berlin  Mills  Branch  of  the  Grand  Trunk  Railway, 
said  point  being  where  the  center  line  of  Success  street, 
produced,  intersects  the  said  tracks;  thence  running 
Westerly  along  said  track  to  the  point  where  it  is 
crossed  by  the  center  line  of  School  street;'  thence 
southwesterly  along  the  center  line  of  School  street, 
to  the  point  where  it  is  intersected  by  the  center  line  of 
Mason  street;  thence  Southeasterly .  along  said  center 
line  of  Mason  street  to  the  point  where  it  is  inter¬ 
sected  by  the  center  line  of  Cole  street;-  thence  South¬ 
westerly  along  the  said  center  line  of  Cole  street,*  and 
said  line  produced  to  the  point  where  it  is-  intersected 
by  the  center  line  of  Mechanic  street  thence 'Westerly 
along  the  center  line  of  Mechanic  street  and  said  line 
produced  to  the  point  where  it  would  intersect  the  said 
Berlin  Mills  Branch;  thence  Southerly  along  the  tracks 
of  said  Berlin  Mills  Branch  to  the  point  where  it  con¬ 
nects  with  the  Main  line  track  of  the  Grand  Trunk 
Railway;  thence  in  a  Southerly  direction  along  said 
Main  Line  track  to  the  point  where  it  is  intersected  by 
the  Northerly  property  line  of  the  International  Paper 
Company;  thence  Southeasterly  along  said  property 
line  to  a  point  in  the  center  line  of  Glen  avenue,  where 


ORDINANCES 


79 


it  is  crossed  by  the  track  of  the  Glen  Junction  Trans¬ 
fer  Company;  thence  to  and  along  the  high  picket  fence 
which  marks  the  limit  of  the  International  Paper  Com¬ 
pany ’s  Mill  yard,  in  a  general  Easterly  direction  to 
the  point  where  said  fence  intersects  the  bank  of  the 
Canal;  thence  Easterly  to  and  along  the  center  line  of 
said  Canal  to  the  point  where  it  leaves  the  Androscog¬ 
gin  river;  thence  Northeasterly  along  the  center  dine 
of  the  Androscoggin  “river  to  the  pomt  where  it  is  in¬ 
tersected  by  the  center  line  of  Success  street  produced; 
thence  along  said  center  line  of  Success  street  produced 
to  the  point  or  place  of  beginning. 

WALLS 

Section  2.  The  external  and  party  walls  of  all  build¬ 
ings  hereafter  erected  within  the  above  described  limits 
shall  be  of  stone,  brick,  concrete,  or  other  hard  and  non¬ 
combustible  material;  and  all  such  walls  shall  be 
bonded  and  solidly  built,  and  laid  in  mortar  composed 
of  Portland  cement,  lime  and  sand;  they  shall  rest  on 
foundations  of  stone  or  concrete,  not  less  than  eight  (8) 
inches  wider  at  the  top  of  the  foundation  wall,  than 
the  base  width  of  the  w^all  resting  upon  it. 

All  foundation  walls  shall  be  battered  on  the  exterior 
faces  (where  it  is  necessary  to  resist  the  earth  pres- 
.sure),  and  of  proper  width  at  the  base,  as  approved 
by  the  inspector;  and  shall  be  carried  down  to ’and 
rest  on  ledge  or  hardpan. 

Brick  walls  for  building  one  story,  two  stories,  or 
three  stories  in  height  shall  not  be  less  than 'twelve 


80 


CITY  OF  BEELIN 


(12)  inches  thick,  and  all  properly  bonded  with  a  course 
of  headers  every  eighth  course,  or  other  bond  approved 
by  the  Building  Inspector;  (12  inch  walls  shall  be 
limited  to  forty-five  feet  in  height.) 

For  all  brick  walls  of  buildings  four  (4)  stories  in 
height  (limited  to  a  total  height  of  sixty  feet)  the  first 
story  (not  less  than  fifteen  feet)  shall  be  sixteen  (16) 
inches  thick,  and  walls  above  this  twelve  (12)  inches 
thick.  Buildings  five  (5)  stories  high  shall  have  walls 
twenty  (20)  inches  thick  to  second  floor,  sixteen  (16) 
inches  thick  from  second  floor  to  third  floor,  and  twelve 
(12)  inches  thick  for  remainder  of  the  height  of  the 
building;  (5  story  buildings  limited  under  above  con¬ 
ditions,  to  eighty  feet  total  height.) 

PARTY  WALLS 

In  all  buildings  hereafter  built,  within  the  fire  dis¬ 
trict,  party  walls  shall  be  built  through  and  at  least 
twenty  (20)  inches  above  or  distant  from  the  roof 
boarding,  at  the  nearest  point;  shall  be  covered  at  the 
top  with  stone  tile,  concrete  or  metal,  securely  fastened 
and  corbelled  to  the  outer  edge  of  all  projections. 

Floor  and  other  timbers  entering  party  walls  shall 
enter  the  wall  not  less  than  four  (4)  inches,  and  the 
said  walls  must  have  at  least  four  (4)  inches  of  solid 
masonry  between  the  ends  of  any  and  all  timbers; 
openings  or  doorways  in  party  walls,  or  in  partition 
walls  shall  not  exceed  two  (2)  openings  on  either  floor; 
and  the  combined  area  of  such  openings  on  each  floor 
shall  not  exceed  one  hundred  (100)  square  feet. 


ORDINANCES 


81 


Each  opening  must  be  provided  with  two  (2)  sets  of 
metal  covered  doors,  separated  by  the  thickness  of  wall, 
liiing  to  rabbeted  iron  frames  or  to  iron  hinges  in  brick, 
stone,  concrete  or  iron  rabbets. 

« 

The  planking  and  sheathing  of  the  roof  shall  not  ex¬ 
tend  across  or  over  the  party  wall  in  any  case. 

Vaulted  Walls 

Shall  contain,  exclusive  of  withes  (air  space,)  same 
amount  of  material  (brick)  as  solid  walls.  Walls  on 
either  side  of  air  space  shall  not  be  less  than  eight  (8) 
inches  thick,  and  air  space  shall  cease  above  level  of 
the  ceiling  of  the  upper  story  of  the  building,  and  be 
carried  up  solid  to  top  of  walls. 

CONCRETE  BLOCK  WALLS 

The  thickness  of  walls  for  any  building  where  hollow 
concrete  blocks  are  used  shall  not  be  less  than  is  re¬ 
quired  by  the  ordinance  relating  to  brick  walls.  The 
figures  given  in  the  following  table  represent  the  per¬ 
centage  of  such  hollow  space  for  the  different  height 
of  walls: 


Stories 

First 

Second 

Third 

Fourth 

Fifth 

1  and  2 

33  p  c 

33  p  c 

33  p  c 

33  p  c 

3  and  4 

25  p  e 

33  p  c 

25  p  c 

33  j)  c 

33  p  c 

5 

20  p  c 

25  p  e 

Where 

the  face 

only  is 

of  hollow 

concrete 

building 

block  and  the  backing  is  of  brick,  the  facing  of  hollow 
concrete  blocks  shall  be  strongly  bonded  to  the  brick. 


82 


CITY  OF  BEELIN 


either  with  headers  projecting  four  (4)  inches  into  the 
brickwork,  every  fourth  course  being  a  header  course, 
or  with  approved  ties;  no  brick  backing  to  be  less  than 
eight  (8)  inches. 

Where  the  walls  are  made  entirely  of  hollow  concrete 
blocks  but  where  said  blocks  have  not  the  same  width 
as  the  walls,  every  fifth  course  shall  extend  entirely 
through  the  wall,  forming  a  secure  bond;  all  walls 
where  blocks  are  used  shall  be  laid  in  Portland  cement 
mortar. 

All  hollow  concrete  building  blocks  before  being 
used  in  the  construction  of  any  building  in  the  fire 
district  of  the  City  of  Berlin,  shall  have  attained  the 
age  of  at  least  three  (3)  weeks. 

Wherever  girders  or  joists  rest  upon  the  walls  so 
that  there  is  a  concentrated  load  of  over  two  (2)  tons, 
the  blocks  supporting  the  girders  or  joists  must  be  made 
solid. 

When  such  concentrated  load  shall  exceed  five  (5) 
tons,  the  blocks  for  two  (2)  courses  below  and  for  a 
distance  extending  at  least  eighteen  (18)  inches  on  each 
side  of  said  girders  shall  be  made  solid.  Where  the 
load  from  the  girder  exceeds  seven  (7)  tons,  the  blocks 
for  three  (3)  courses  beneath  it  shall  be  made  solid. 

Wherever  the  walls  are  decreased  in  thickness  the 
top  course  of  the  thicker  wall  is  to  be  solid. 

All  piers  and  buttresses  that  support  loads  in  excess 
of  five  (5)  tons,  shall  be  built  of  solid  concrete  blocks 
for  such  a  distance  below  as  the  inspector  may  require. 


ORDINANCES 


83 


Any  steel  rods  in  a  manner  satisfactory  to  the  Build¬ 
ing  Inspector,  and  any  lintels  spanning  over  four  (4) 
feet  six  (6)  inches  in  the  clear  shall  rest  on  solid  con¬ 
crete  blocks. 

The  manufacturer  and  user  of  any  such  hollow  con- 
'  Crete  building  blocks  as  are  mentioned  in  this  ordinance 
shall  at  any  and  all  times  have  made  such  tests  of  the 
cement  used  in  making  such  blocks,  or  further  tests 
of  the  completed  blocks,  or  each  of  these,  at  their  own 
.  expense  and  under  the  supervision  of  the  Building  In¬ 
spector,  as  he  may  require. 

A  copy  of  result  of  such  test  will  be  given  the  manu¬ 
facturer  and  user  of  the  blocks.  ‘ 

The  cement  used  in  making  such  blocks  shall  be 
American  Portland  cement  of  any  standard  manu¬ 
facture,  and  of  good  fresh  quality. 

ASHI^AR 

Ashlar  less  than  eight  (8)  inches  shall  not  be  con¬ 
sidered  in  thickness  of  wall,  but  in  all  cases  the  wall, 
including  backing,  shall  not  be  less  than  tTvelve  (12) 
inches  thick. 

Sec.  3.  The  roofs  of  all  buildings  and  additions  to 
buildings  within  said  fire  district  hereafter  erected 
shall  be  properly  and  securely  covered  with  slate,  tin, 
iron  or  other  non-combustible  materials  approved  by 
the  Inspector  of  Buildings. 


84 


CITY  OF  BERLIN 


Sec.  4.  No  buildings  now  erected  or  hereafter  to  be 
erected  within  said  fire  district,  shall  be  altered,  raised, 
•  roofed,  enlarged,  or  otherwise  added  to  or  built  upon 
in  any  way  until  the  requirements  of  Section  2,  3,  and 
4  have  been  complied  with,  and  a  license  granted  by 
the  City  Council;  and  no  roof  of  any  such  buildings 
now  covered  wdth  shingles  or  other  Combustible  ma¬ 
terial  shall  be  re-covered,  except  with  slate  or  other- 
non-combustible  materials. 

See.  5.  No  wooden  building  shall  be  moved  from  one 
lot  to  another  in  said  district  nor  from  without  said 
.  district  into  said  district,  nor  from  place  to  place  on 
the  same  lot  witMn  said  district,  without  a  special 
license  first  obtained  from  the  City  Council.  No 
•wooden  building  outside  of  the  above  described  limits 
-  of  said  fire  district  shall  be  moved  a  distance  of  more 
than  fifty  (50)  feet  without  first  obtaining  a  special 
license  from  the  City  Council. 

See.'  6.  When  any  building  built  wholly  or  in  part 
of  wood,  standing  within  said  district,  shall  be  dam¬ 
aged  by  fire,  or  other  cause,  to  an  amount  exceeding 
fifty  (50)  per  cent  of  its  value,  it  shall  not  be  repaired 
or  rebuilt  of  wood  or  any  combustible  material. 

Sec.  7.  It  shall  not  be  lawful  to  build  upon  the  front 
walls  of  any  building -within  said  district,  any  portic  o, 
porch,  bay  window,  balcony,  or  any  other  projection 
over  the  sidewalk  or  street. 


ORDINANCES 


85 


Sec.  8.  No  awning  shall  be  affixed  to  any  building 
so  as  to  project  over  the  sidewalk  unless  the  same  is 
.seven  (7)  feet  in  the  clear^  above  sidewalk,  and  does 
not  project  beyond  the  curb  line,  and  no  such  awning 
shall  be  attached  to  any  building  unless  a  permit  has 
first  been  obtained  from  the  City  Council. 

See.  9.  Any  person  or  corporation  desiring  to  erect 
a  new  building  or  to  alter  or  add  to  a  present  building 
within  said  district  shall  fill  out  and  present  a  printed 
application,  furnished  by  the  Inspector  of  Buildings, 
and  submit  plans  and  descriptions  giving  strength  of 
construction,  alteration  and  modes  of  egress  in  case  of 
fire,  to  said  Inspector  of  Buildings;  and  no  alterations 
or  additions  to  present  buildings  shall  be  commenced 
until  the  owner  shall  file  a  copy  of  all  plans  and  specifi¬ 
cations  with  the  Inspector  and  such  have  been  approved 
by  the  Inspector  of  Buildings  and  a  license  granted  by 
the  City  Council. 

Sec.  10.  All  persons  or  corporations  desiring  to  erect 
new^  buildings  or  to  alter  or  to  add  to  present  buildings 
upon  any  public  street,  alley,  or  lane  outside  of  the 
district  described  in  Section  1,  shall  fill  out  and  present 
applications  furnished  by  the  Inspector  of  Buildings, 
and  submit  plans  or  descriptions  of  said  buildings,  al¬ 
terations,  or  additions  to  the  Building  Inspector;  and 
no  person  or  corporation  shall  commence  operations  on 
said  buildings  until  said  Inspector  of  Buildings  has  ap- 
j)roved  the  same  and  granted  a  permit  in  writing.  A 
copy  of  all  plans  or  descriptions  must  be  filed  with 


86 


CITY  OF  BEELIN 


the  Inspector.  All  permits  granted  by  the  City  Council 
under  Sections  9  and  10,  shall  expire  in  30  days  froijt 
date,  unless  work  thereunder  is  in  good  faith  begun 
before  the  expiration  of  such  period. 

«5 

FIEE  STOPS 

Sec.  11.  In  all  buildings  within  the  limits  described 
in  Section  1,  hereafter  erected,  fire  stops  must  be 
placed  as  follows:  At  the  bottom  of  all  partitions,  and 
between  the  studding,  to  be  closely  filled  in  with  brick, 
or  concrete  eight  (8)  inches  high,  closely  fitted  into 
partitions  and  bedded  and  laid  in  cement  mortar. 

Sec.  12.  The  Inspector  of  Buildings  by  giving  sixty 
(60)  days’  notice,  may  order  suitable  fire  escape  placed 
on  any  building  of  two  (2)  stories,  or  over,  in  height 
which  is  used  as  a  hotel,  tenement  house,  hall,  or  other 
public  resort,  whether  within,  or  without  the  district 
described  in  Section  1. 

Sec.  13.  All  applications  under  this  Ordinance  shall 
first  be  submitted  to  the  Inspector  of  Buildings  as  pro¬ 
vided  in  Section  10,  and  he  shall  examine  the  premises 
and  make  a  report,  either  recommending  the  granting 
of  licenses,  or  otherwise,  and  his  report  shall  be  pre¬ 
sented  with  the  petition  to  the  City  Council.  If  the 
report  of  the  Inspector  be  adverse  the  petition  shall 
only  be  granted  by  an  aflrmative  vote  of  two-thirds 
of  the  full  council. 


ORDINANCES 


87 


CHIMNEYS  (WITHIN  CITY  LIMITS) 

Sec.  14.  No  chimney  shall  be  corbelled  from  a  wall 
more  than  the  thickness  of  the  wall,  nor  rest  upon  a 
wall  less  than  twelve  (12)  inches  thick,  nor  rest  on 
wood  in  any  case. 

All  chimneys  shall  be  built  of  brick,  concrete,  terra 
cotta,  or  other  non-combustible  material,  approved  by 
the  Inspector. 

All  brick  chimneys  shall  have  glazed  tile  flue  linings 
backed  with  four  (4)  inches  of  brickwork. 

The  inside  of. all  flues  shall  have  stuck  joints  and  not 
be  plastered  on  the  inside  wall  with  cement  or  mortar, 
but  be  left  free  and  clean  from  all  projecting  mortar. 

All  brickwork  and  tile  flue  lining  in  chimneys  shall 
be  laid  up  in  Portland  cement  and  sand  (4  to  1)  mortar, 
and  all  chimneys  shall  be  topped  out  at  least  three  (3) 
feet  above  the  highest  point  of  contact  with  the  roof. 

No  woodwork  or  framing  shall  come  within  one  (1) 
inch  of  the  outside  o‘f  any  smoke  flue,  and  no  nails  shall 
be  driven  into  chimneys  to  support  woodwork,  etc. 
Where  smoke  flues  or  pipes  enter  chimneys  or  pass 
through  plastered  partitions,  they  shall  be  constructed 
as  follows: — The  opening  in  partition  shall  be  framed 
square,  leaving  an  opening  at  least  (4)  inches  greater 
in  diameter  than  the  diameter  of  the  smoke  flue  or  pipe 
on  each  side,  and  the  smoke  flue  or  pipe  shall  have  a 
ventilated  metal  collar;  this  collar  shall  not  come  in 


88  CITY  OF  BEELIN 

contact  with  the  woodwork,  and  all  plastering  shall 
be  on  metal  lath  or  wire  securely  nailed  to  the  square? 
opening. 

All  smoke  openings  into  chimney  flues  shall  be  so 
placed  that  the  top  of  the  frame  opening  shall  be  at 
least  fifteen  (15)  inches  below  the  floor  joists  above. 

ACCESS  TO  ROOF 

Sec.  15.  All  buildings  over  twenty  (20)  feet  high 
shall  have  permanent  means  of  access  to  the  roof  from 
the  inside  through  an  opening  not  less  than  24x30 
inches. 

CUTTING  OF  TIMBERS,  ETC. 

Sec.  16.  Floor  joists  and  supporting  girders  shall 
not  be  cut  out  for  piping,  etc.,  the  pipes  must  pass  by 
and  around  in  all  cases  and  where  steam  pipes  pass 
through  floors,  ceilings,  or  partitions,  a  clear  space  of 
at  least  one-half  (^/^)  inch  must  be  left  all  around 
pipes. 

Sec.  17.  Any  person  or  corporation,  whether  owner, 
lessee,  contractor,  workman,  or  agent,  who  shall  violate 
any  of  the  provisions  of  this  ordinance,  shall  be  liable 
to  a  penalty  of  not  more  than  twenty  ($20)  dollars 
for  each  offense. 

Sec.  18.  All  ordiances,  or  parts  of  ordinances,  here¬ 
tofore  passed  by  the  City  Council  inconsistent  herewith, 
and  an  ordinance  entitled  ‘‘An  Ordinance  Relating  to 
Building  and  Repairing  Buildings  in  the  City  of  Berlin, 


ORDINANCES 


89 


N.  H.,’’  passed  May  17,  1906,  and  any  amendments 
thereto  are  hereby  repealed,  and  this  Ordinance  shall 
take  effect  upon  its  passage. 

Passed  March  20,  1913. 

Approved,  DANIEL  J.  DALEY, 

Mayor. 

Attest:  P.  J.  SMYTH,  City  Clerk. 


In  the  vear  of  our  Lord  one  thousand  nine  hundred  and' 

V 

thirteen. 

AN  ORDINANCE  relating  to  the  collection  and  dis¬ 
posal  of  garbage  in  said  City. 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin  as  follows: 

Section  1.  It  shall  be  the  duty  of  all  persons  resid¬ 
ing  within  the  garbage  district  of  the  City  of  Berlin 
to  place  all  garbage  or  other  refuse  matter  in  suitable 
receptables  of  galvanized  iron,  with  tight  covers  which 
shall  have  been  approved  by  the  Board  of  Health,  and 
place  the  same  near  the  sidewalk  or  street  on  those  days 
designated  by  the  Board  of  Helath  as  Collection  Days. 

Sec.  2.  Both  wet  and  dry  garbage  may  be  placed 
in  the  same  receptable  when  of  the  above  description. 

Sec.  3.  All  receptables  shall  be  kept  in  good  condi¬ 
tion  at  all  times,  and  shall  be  cleansed  when  deemed 
necessary  by  the  Board  of  Helath. 


90 


CITY  OF  BEELIN 


Sec.  4.  All  wet  garbage  shall  be  thoroughly  drained 
of  water  and  wrapped  in  paper  before  being  placed  in 
receptables. 

Sec.  5.  Nothing  in  this  ordinance  shall  be  construed 
to  prevent  those  persons  who  desire  to  sell,  give  or 
otherwise  dispose  of  their  wet  garbage  to  private  in¬ 
dividuals  or  collectors  provided  receptables  satisfac¬ 
tory  to  the  Board  of  Health  are  maintained  and  kept 
in  satisfactory  condition  at  all  times.  Such  persons 
shall  also  provide  suitable  receptables  with  covers  for 
the  disposal  of  dry  refuse. 

Sec.  6.  All  teams  or  other  vehicles  used  by  private 
collectors  shall  be  covered  and  shall  be  kept  in  a 
cleanly  condition  at  all  times. 


Sec.  7.  The  Street  Department  shall  have  charge  of 
the  collection  and  disposal  of  garbage  and  other  refuse 
material,  under  such  rules  and  regulations  not  incon¬ 
sistent  with  the  provisions  of  the  other  sections  of  this 
ordinance  as  the  said  Board  may  from  time  to  time 
make  relating  to  this  subject,  including  the  designation 
of  certain  days  for  the  collection  of  such  garbage  and 
refuse,  to  be  known  as  Collections  Days. 

Sec.  8.  Any  violation  of  the  provisions  of  this  ordin¬ 
ance,  or  of  the  rules  and  regulations  made  by  the  Board 
of  Health  in  pursuance  hereof  shall  be  punished  by  a 
fine  not  exceeding  ten  ($10)  dollars  for  each  offense. 


ORDINANCES 


91 


Sec.  9.  This  act  shall  take  effect  upon  its  passage. 
Passed  May  22,  1913. 

Approved,  DANIEL  J.  DALEY, 

Mayor. 

Attest:  P.  J.  SMPTH,  City  Clerk. 


In  the  year  of  our  Lord  one  thousand  nine  hundred  and 
thirteen. 

AN  ORDINANCE  relating  to  the  keeping  for  hire  of 
billard  tables,  pool  tables,  bowling  alleys,  shooting 
galleries,  and  penny  arcades. 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin  as  follows: 

Section  1.  No  person  shall  keep  for  hire  any  billiard 
table,  pool  table,  bowling  alley,  shooting  gallery,  or 
penny  arcade  in  the  City  of  Berlin  unless  a  license 
therefore  in  writing  specifying  the  place  in  which  it  is 
to  be  kept  shall  first  be  obtained  from  the  City  Council. 
The  moral  fitness  of  such  person  to  hold  said  license 
shall  first  be  investigated  by  the  Police  Commissioners 
of  said  City. 

Sec.  2.  No  person  keeping  any  billiard  table,  pool 
table,  bowling  alley,  shooting  gallery,  or  penny  arcade 
under  such  license  or  who  is  employed  in  and  about 
any  such  place  of  business,  who  shall  be  convicted 
wdthin  a  year  of  gambling,  or  keeping  a  gambling 


92 


CITY  OF  BEELIN 


house,  or  of  intoxication  or  of  the  illegal  sale  of  intoxi¬ 
cating  liquors,  or  who  shall  without  conviction  thereof, 
show  or  display  any  lewd,  indecent,  or  immoral  pictures 
in  such  place  of  business  shall  be  deemed  a  fit  person 
to  conduct  or  be  employed  in  such  business.  The  con¬ 
tinuance  in  such  business  of  any  such  person  shall  be 
cause  for  the  revoking  and  forfeiting  of  said  license. 

.  Sec.  3.  No  person  exercising  a  license  under  Section 
One  shall  permit  or  allow,  in  hiS  place  of  business  any 
minor  less  than  eighteen  (18)  years  of  age,  or  any 
person  who  is  intoxicated,  or  who  is  using  profane, 
vulgar,  or  indecent  language;  neither  shall  he  permdt 
or  allow  the  use  of  spirituous  or  intoxicating  liquors 
in  said  place. 

Sec.  4.  Every  person  shall  pay  for  such  license,  for 
the  use  of  the  City,  the  sum  of  ten  ($10.00)  dollars  on 
each  billiard  table,  pool  table  and  bowling  alley  and 
for  each  shooting  gallery  and  penny  arcades,  or  either 
a  license  fee  of  ten  ($10.00)  dollars  for  the  use  of  the 
city;  the  said  license  fee  to  be  paid  on  or  before  the 
first  day  of  May  annually,  such  licenses  may  be  revoked 
or  annulled  at  the  pleasure  of  the  Mayor  and  Council. 

Sec.  5.  All  places  mentioned  in  the  preceding  sec¬ 
tions  shall  be  closed  at  the  hour  of  eleven  of  the  clock 
at  night  of  each  day  and  shall  be  closed  on  Sundays. 

Sec.  6.  All  licenses  granted  under  the  preceding 
section  shall  be  valid  until  the  first  day  of  May  next 
after  the  granting  thereof,  unless  sooner  revoked. 


ORDINANCES 


93 


Sec.  7.  All  licenses  shall  be  recorded  in  the  office 
of  the  City  Clerk,  Mdio  shall  be  entitled  to  a  fee  of 
fifty  cents  for  each  license  to  be  paid  by  the  person 
to  whom  it  is  granted. 

Sec.  8.  Any  person  violating  any  of  the  provisions 
of  this  Ordinance  shall  be  punished  by  a  fine  of  not 
exceeding  ten  ($10)  dollars  for  each  offense. 

Sec.  9.  All  ordinances,  or  part  of  ordinances  incon¬ 
sistent  with  this  ordinance  are  hereby  repealed  and  this 
ordinance  shall  take  effect  on  its  passage. 

Passed  May  22,  1913. 

Aproved,  DANIEL  J.  DALEY, 

Mayor. 

Attest:  P.  J.  SMYTH,  City  Clerk. 


In  the  year  of  our  Lord  one  thousand  nine  hundred  and 
fifteen. 

AN  ORDINANCE  relating  to  the  erection  and  main¬ 
tenance  of  billboards. 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin  as  follows: 

Section  1.  No  person  shall  erect,  or  maintain  any 
bill  board  within  ten  feet  of  the  street  line  or  the  front 
building  line  of  the  next  building  adjoining,  farthest 


94 


CITY  OF  BERLIN 


from  the  street  line,  that  is  used  as  a  public  building, 
dwelling,  tenement  house,  hotel,  office  or  store  build¬ 
ing. 

Sec.  2.  All  billboards  shall  be  independently  sup¬ 
ported  bn  substantial  posts  and  be  thoroughly  braced 
and  anchored  a^inst  wind  pressure.  Said  billboards 
shall  be  erected  on  said  posts  at  a  distance  of  not  less 
than  three  feet  from  the  ground. 

Sec.  3.  No  person  shall  erect  or  maintain  any  bill¬ 
board  in  accordance  with  sections  one  and  two  without 
a  license  from  the  City  Council  for  that  purpose.  • 

Section  4.  All  applications  shall  be  in  writing  and 
signed  by  the  petitioner.  They  shall  designate  the 
places  where  said  billboards  are  to  be  erected  and  shall 
containOsuch  conditions  and  restrictions  as  the  City 
Council  may  require.  All  licenses  shall  continue  in 
force  for  one  year  from  the  first  day  of  each  April  un¬ 
less  sooner  revoked. 

Sec.  5.  If  any  person  shall  violate  any  of  the  provi¬ 
sions  of  this  ordinance  he  shall  be  punished  by  a  fine 
of  not  less  than  one  dollar  nor  more  than  ten  dollars 
for  each  offence. 

Passed  July  6th,  1915. 

Approved,  GEO.  F.  RICH, 

Mayor. 


Attest:  C.  M.  DAVIDSON,  City  Clerk. 


ORDINANCES 


95 


In  the  year  of  our  Lord  one  thousand  nine  hundred  and 
fifteen. 

AN  ORDRINANCE  relating  to  the  erection  of  certain 
structures  on  the  street  lines. 

Be  it  Ordained  by  the  City  Council  of  the  City  of  Ber¬ 
lin  as  follows: 

Section  1.  No  person  shall  build  or  erect  any  fence, 
retaining  wall,  or  other  structure  on  the  line  between 
his  property,  and  any  street  highway,  or  other  public 
property  of  the  City  of  Berlin  without  having  first  ob¬ 
tained  from  the  City  Engineer  a  written  permit  to  build 
or  erect  such  structures. 

See.  2.  If  any  person  shall  violate  any  provision  of 
the  preceding  section  he  shall  be  punished  by  a  fine 
not  exceeding  ten  dollars  for  each  offense. 

Sec.  3.  This  ordinance  shall  take  effect  upon  its 
passage. 

Passed  September  28th,  1915. 

Approved,  GEO.  F.  RICH, 

Mayor. 

Attest:  C.  M.  DAVIDSON,  City  Clerk. 


INDEX 


Page 

Charter  of  the  City  of  Berlin  .  3 

All  Aineiidineiit  to  Charter  creating  Board  of  Police 
Comniissioners  . 13 


ORDINANCES 


Adinit^sion  of  Children  into  Public  Scliools . 30 

Aniendinent  of  Chapter  124  of  P.  S.  relating  to  • 
dealers  in  old  metals  . 74 

Animals  riiniiing  at  large  in  the  City . 58 

Collection  of  Taxes  . . 06 

Collection  and  disposal  of  garbage  in  said  City  ....89 

Chim])elling  attendance  at  school  by  children  between 
6  and  16  years  . 62 

Erection  of  certain  structures  on  the  street  lines  ...  .95 

Erection  and  maintenance  of  billboards  . ....93 

Erection  and  maintenance  of  telegraph,  electric, 
telephone,  street  railway,  and  all  other  poles  with¬ 
in  said  City  . 64 


Establishing  new  fire  district,  and  relating  to  the 


construction  and  rei^air  of  buildings  . 77 

Access  to  Eoof  . 88 

Ashlar  . 83 


Chimneys  (within  City  limits) 

Concrete  Block  Walls  . 

Cutting  of  Timbers,  etc . 

Fire  Stops  . 

Party  Walls  . 

Vaulted  Walls . 

Walls  . 

Fire  Department  . 

General  Provisions  . 

Board  of  Health  . 


87 


81 

88 

86 

80 

81 

79 

31 

16 

27 


City  Civil  Engineer  .  .  . 

City  Clerk  . 

City  Marshal  and  l^olice 

City  Seal  . 

City  Solicitor  . 


25* 

29 

18 

26 


Collector  of  Taxes  . 28 

Finances  and  Accountability  in  Expenditures  ..18 

Highway  Agent  . 26 

0^■erseer  of  the  I’oor  . 26 


Sewers 


28 


Granting  location  and  construction  of  Berlin  Street 
Railway  Co . 

Hackney  Carriages  and  Job  Teams 

Ins}»ectioii  of  Buildings  . 


•.  .47 
.  .42 


for  hiro  of  billiard  tables,  pool  tables,  bowl¬ 
ing  alleys,  shootinj^  j»alleries,  and  penny  an-ades.  .91 

Licensino^  of  Kin})loyinent  Ofliees  . 90 

Licensing  of  Slu)\vs  and  Exhibitions  . (58 

..Milk  Dealers  . Gd 

Muzzling  vicious  dojL>s  . 58 

Pawnbrokers  . 79 

Preventing  the  kee})ing  of  swine  in  the  coinj)a(‘t  jiart 
of  the  Pity  . 77 

Prohibiting  minors  under  sixteen  from  loitering  on 
the  Streets  after  eight  o’clock  at  night  . 9.‘1 

Public  Street,  Billiard  and  Pool  rooms  in  said  City.. 97 

Public  Streets  and  ACays  . 45 

Sale  and  C[ire  of  Milk  . 71 

Sewers . .‘>9 

Apjdication  for  Licenses . 57 

Cesspools  . 58 

Fixtures  Trai)ped  . 40 

Injury  to  Sewers  . 58 

Obstructions  . 59 

Plumbing  Rules  . 59 

Statement  of  Woi-k  Done  . 58 

Water  or  Gas  Pipe  . 59 

Sidewalks  . ol 

Teams  on  Business  Streets  . 49 

Use  of  Public  Streets  . 91 

Use  of  sleighs  and  slmls  uj)on  Public  Streets  . 59 


INDEX 


Page 

Charter  of  the  City  of  Berlin  .  3 

An  Anieiniinent  to  Charter  creating  Board  of  Police 
Coinniissiouers  . 13 


ORDINANCES 


Admission  of  Children  into  Public  Schools . 30 

Amendment  of  Chapter  124  of  P.  S.  relating  to 
dealers  in  ohl  metals  . 74 

Animals  running  at  large  in  the  City . 58 

Collection  of  Taxes  . ‘ . 0(3 

Collection  and  disposal  of  garbage  in  said  City  ....89 

Compelling  attendance  at  school  by  children  l)etween 
0  and  16  years  . 62 

V 

Erection  of  certain  structures  on  the  street  lines  ...  .95 

Erecti-on  and  maintenance  of  billboards  . 93 

Erection  and  maintenance  of  telegraph,  electric, 
telejdione,  street  railway,  and  all  other  poles  with¬ 
in  said  City  . 64 


Establishing  new  fire  district,  and  relating  to 
construction  and  repair  of  buildings  . 

Access  to  Eoof  . :  .  . 

Ashlar  . . . . 

Chimneys  (within  City  limits)  . 

Concrete  Block  Walls  .  . . 

Cutting  of  Timbers,  etc . 

Fire  Stops  . 

Tarty  Walls  . 

Vaulted  Walls  . 

Walls  . 

Fire  Department  . 

General  Provisions  . 

Board  of  Health  . 

City  Civil  Engineer  . 

City  Clerk  . 

City  Marshal  and  Police  . 

City  Seal  . 

City  Solicitor  . . 


the  • 

...  77 

. . .88  . 

.  .  .8i5 

.  .  .87 

.  .  .81 

.  .  .88 

.  .  .86 

.  :  .  80 


.  .81 
.  .79 
!  .01 
.  .16 
.  .27 


29 

18 

26 


Collector  of  Taxes  . 28 

Finances  and  Accountability  in  Expenditures  ..18 

Highway  Agent  . .26 

Overseer  of  the  Poor  . 26 


Sewers  . . . 28 

Granting  locatioii  and  construction  of  Berlin  Street 
Kail  way  Co . 52 

Hackney  Carriages  and  Job  Teams 

Inspection  of  Buildings  . 


47 

42 


.•'fiiirr 


Kot‘j>inj>-  for  liiro  of  billiard  tables,  pool  tables,  bowl¬ 
ing  alleys,  shooting  jialleries,  and  penny  arcades.. 1)1 


Licensing  of  Eniploynient  Otlices 


()() 


Idrensinjr  of  Shows  and  Exhibitions  . ()8 


JNlilk  Dealers  . (54 

Mn/.zlinj^  vicious  doj^s  . 58 

Pawnbrokers  . 7(5 


Preventino-  the  keei)ing  of  swine  in  the  compact  }>art 
of  the  Critv  . . 77 


Piohibitin^  minors  under  sixteen  from  loiterinj*-  on 
the  Streets  after  eight  o’clock  at  night  . (5.‘> 

Pul)lic  Street,  Billiard  and  Pool  rooms  in  said  City.. 67 

Public  Streets  and  Ways  . 45 

Sale  ami  Care  of  Milk  . 71 

Sewers . .3(5 


A}>jdi('ation  for  Licenses . 37’ 

Cess})ools  . 38 

Fixtures  Trai)i)ed  . 40 

Injury  to  Sewers  . <'"^77 . . 38 

Obstructions  . 31) 

IMumbing  Kules  . . 39 

Statement  of  Work  Done  . 38 

Water  or  Gas  Pipe  . ' . 39 

Sidewalks  . 51 

Teams  on  Business  Streets  . 4(5 

I'se  of  Public  Streets  . 61 

Use  of  sleighs  and  sleds  upon  Public  Streets  . 59 


UNIVERSITY  OF  ILLINOIS-URBANA 


3  01 1 2  098431 734 


BARNEY-REPORTER  PRESS 


BERLIN. 


N. 


H.  17590 


